Sharyu Murlidhar Nemade And ORS. v. Chhabildas Tukaram Khadake And ORS.

2023:BHC-AUG:26757 49-CA-5360-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5360 OF 2023 IN SECOND APPEAL NO. 872 OF 2009 SHARYU MURLIDHAR NEMADE AND OTHERS

VERSUS

CHHABILDAS TUKARAM KHADAKE AND OTHERS Advocate for Applicants : Mr. G. S. Rane;

Advocate for Respondent No.1 : Mr. L. V. Sangit; Advocate for Respondents No.6A to 6D, 7A to 7C : Mr. S. H. Tripathi CORAM :

S. G. MEHARE, J.

DATE :

14-12-2023 PER COURT :- 1.

Heard the learned counsel for the applicants and the learned counsel for respondent No.1 and the learned counsel for respondents No.6(a) to 6(d) and 7(a) to 7(c). Respondents No.4(a) (b)(c)(d) were served, but they did not appear; Hence, proceeded ex-parte.

2.

This is an application for condonation of delay for setting aside abatement and bringing legal representative/s of respondent No.4 on record.

3.

Learned counsel for the applicants submits that the learned counsel representing respondent No.4 did not supply necessary papers about death of respondent No.4. Respondent No.4 died at Pimpri Chinchwad. His native was in Jalgaon district. Hence, it

49-CA-5360-23.odt was difficult for the applicants/appellants to find out his legal heirs. However, after getting knowledge, the application was immediately filed. There is no deliberate delay in filing the application for bringing legal representatives and setting aside abatement of respondent No.4.

4.

Learned counsel for the appearing respondents as mentioned above, have opposed the application. They submit that the reasons for delay appear not plausible.

5.

Perused the application.

6.

The reasons for delay appear plausible. No harm would be caused to the other side if the prayers are allowed. Hence, the order:- i) Civil application is allowed.

ii) Delay for setting aside abatement and bringing legal representative/s of respondent No.4 stands condoned. iii) The legal representative/s of respondent No.4 be brought on record.

iv) Necessary amendment be made.

v) After the amendment is carried out, issue notice to the legal representative/s of respondent No.4, returnable on 09.02.2024.

( S. G. MEHARE ) JUDGE rrd