Gautam Tulshiram Waghmare v. Kisan Waman Waghmare And Others

2024:BHC-AUG:4188 1 905 CA-5325-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 905 CIVIL APPLICATION NO. 5325 OF 2023 IN SA/930/2018 WITH CIVIL APPLICATION NO. 11757 OF 2022 IN CA/14805/2018 WITH CIVIL APPLICATION NO. 11756 OF 2022 IN CA/11757/2022 WITH CIVIL APPLICATION NO. 14805 OF 2018 IN SA/930/2018 WITH SECOND APPEAL NO. 930 OF 2018 GAUTAM TULSHIRAM WAGHMARE

VERSUS

KISAN WAMAN WAGHMARE AND OTHERS ...

Mr. Mazhar A. Jahagirdar, Advocate for the appellant. Mr. S.N. Boiwar, Advocate holding for Mr. Avinash Raut, Advocate for respondent Nos. 1, 3, 5A, 8 and 9.

...

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 28 February 2024 P. C. :

IN CIVIL APPLICATION NO. 5325 OF 2023 :

1.

Heard rival submissions.

2.

The applicant/appellant is seeking permission to bring on record legal representative of deceased respondent No. 2 Vasant Waman Waghmare, who died on 22.02.2020, by condoning the

2 905 CA-5325-2023 delay of 1049 days. The learned Counsel for the applicant relied upon one certificate dated 30.11.2022 issued by Sarpanch of concerned Grampanchayat, Waghunde (Bd.) wherein it is mentioned that no entry of death of respondent No. 2 was found in the record of Grampanchayat.

3.

Learned Counsel for other respondents did not dispute about the death of respondent No.2. In view of the same, the application stands allowed in terms of prayer clauses (B) and (C) subject to cost of Rs. 1500/- to be paid to Library, Advocates Association of High Court Bombay, at Aurangabad. The amendment be carried out after depositing costs and within stipulated period. 4.

Civil Application No. 5325 of 2023 is accordingly disposed of. 5.

List the other matters on 13.03.2024.

( SANDIPKUMAR C. MORE, J. ) vd_dhirde