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Bombay High CourtCA/4795/2023disposed off

Eknath Ananda Bonde Died Lrs. Shantabai And ORS. v. Raghunath Ananda Bonde

2023-04-11Hon'Ble Shri Justice R. M. Joshi2 pages

76-CA-3152-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4795 OF 2023 IN SECOND APPEAL NO. 824 OF 2016 Eknath Ananda Bonde and Ors ...Applicants

Versus

Raghunath Anand Bonde

...Respondent

...

Mr. S. B. Bhapkar, Advocate for the Applicants. Mr. Anand Chavre and V. K. Sadawarte for Respondent. ...

CORAM:R.M. JOSHI, J DATE :APRIL 11, 2023 PER COURT :

1.

This application is filed for bringing LR's of deceased Appellant No. 2 by condonation of delay of 515 days on record.

2.

It is the contention of the Counsel for the Applicants that the Applicant is aged only about 22 years and is a labourer whereas other LR's of deceased are minor.

3.

Learned Counsel for the Respondents opposed the application.

4.

Perusal of the application indicates that the

76-CA-3152-2023.odt Applicants would not have gained anything by not bringing themselves on record in place of deceased Appellant No. 2 in time. There are no malafides which can be attributed against them. Hence, application stands allowed in terms of prayer clause 'B'. Amendment to be carried out within two weeks.

(R.M. JOSHI, J.) Malani