Baba Bhanudas Darekar Deceased Lrs. Nana And Others. v. Gayabai Baburao Darekar (L.Rs.) Anjanabai And Others

ca8699.22 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 927 CIVIL APPLICATION NO.8699 OF 2022 IN SA/265/1997 BABA BHANUDAS DAREKAR DECEASED LRS. NANA AND OTHERS.

VERSUS

GAYABAI BABURAO DAREKAR (L.RS.) ANJANABAI and OTHERS .....

Advocate for Applicants : Mr. A. R. Sayed h/f S. P. Brahme Advocate for Respondent R/1a , 2, 1b-1 To 1b-3, 3a To 3c : Mr. B.T. Bodkhe .....

CORAM : BHARAT P. DESHPANDE, J.

DATED : 4th AUGUST 2022 PER COURT:- 1.

Leave to amend para 2 of the application. The correction be made that in place of "respondent No.4" insert "applicant No.4". Amendment to be carried out forthwith.

2.

This is an application for bringing legal representatives of appellant No.4 by name Raghunath Bhanudas Darekar, who expired on 8.9.2020. Death certificate is produced at Exh. A-1. 3.

Heard. Learned counsel for the applicants submits that appellant No.4 expired during Covid-19 pandemic/lock down, therefore, present application filed on 19.4.2022 is within limitation after considering suspension of period of limitation by the Hon'ble Apex Court.

ca8699.22 -24.

Since the application is within time, it needs to be allowed. Hence, the following order:-

O R D E R

I.

Civil application stands allowed.

II.

Legal heirs of appellant No.4 i.e. applicant Nos. 4A to 4E are permitted to be brought on record.

III.

Clause title be amended within 14 days.

IV.

Civil application stands disposed of.

(BHARAT P. DESHPANDE, J.) rlj/