Bombay High CourtCA/5142/2012admittedallowedgrantedrule absolute

Ananda Nana Makasare Died Thr Lrs Bhagubai Ananda Makasare And ORS v. Sona Nana Makasare Died Thr Lrs Uttam Nana Makasare And ORS

2015-04-24Hon'Ble Shri Justice Ravindra V. Ghuge3 pages

*1* kps

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5139 OF 2012 IN SA/1678/2005 WITH CIVIL APPLICATION NO.5140/2012 IN SA/1678/2005 WITH CIVIL APPLICATION NO.5141/2012 IN SA/1678/2005 WITH CIVIL APPLICATION NO.5142/2012 IN SA/1678/2005 ANANDA NANA MAKASARE DIED THR LRS BHAGUBAI ANANDA MAKASARE AND ORS

VERSUS

SONA NANA MAKASARE DIED THR LRS UTTAM NANA MAKASARE AND ORS ...

Advocate for Applicants : Mr.Bedre Vinayak Sudhakar. Advocate for Respondents : Mr.Sanket S. Kulkarni. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 24th April, 2015 Per Court:

(a) Civil Application No.5141/2012:- Leave to add/correct the names of the Respondents in all these applications and the Second Appeal. Correction be carried out on or before 30.04.2015.

*2* By this application, the Applicants pray for deletion of the Appellant Nos.5 and 5A.

Mr.Kulkarni has no objection.

This Civil Application is, therefore, allowed. The Applicants are permitted to delete the Respondent Nos.5 and 5A at their own risk. (b) Civil Application Nos.5139/2012, 5140/2012 and 5142/2012:- These three Civil Applications filed for bringing the legal heirs of the deceased Appellant No.2, Appellant No.1 and sole Respondent on record, suffer from delay of 461, 510 and 201 days, respectively. The reasons explaining the delay are set out in the applications. It is stated that the delay is neither deliberate nor intentional.

Mr.Kulkarni opposes the applications on the ground that the delay is not properly explained.

In the light of the above and for the reasons set out in the Civil Applications, the same are allowed. Delay is condoned subject to the

*3* Applicants paying costs of Rs.2500/- (Rupees Two Thousand Five Hundred) together in this Court within a period of SIX WEEKS from today. Upon depositing costs, the Applicants shall bring the legal heirs of the deceased Appellants and sole Respondent on record, within two weeks thereafter. The Respondents, who are represented by Mr.Kulkarni, are at liberty to withdraw the said costs in equal proportion. In the event of non compliance of this order, the same shall stand recalled and then the Civil Applications shall stand rejected. (RAVINDRA V. GHUGE, J.)