Bhagwan Dnyanoba Bondar Dead Through Lrs Shashikala And Others v. Rukhminibai Uttam Bondar And Others

909 SA-532-2016

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 909 SECOND APPEAL NO. 532 OF 2016 WITH CIVIL APPLICATION NO. 10883 OF 2016 IN SA/532/2016 WITH CIVIL APPLICATION NO. 5001 OF 2019 IN SA/532/2016 BHAGWAN DNYANOBA BONDAR (DIED) THROUGH LRS.

SHASHIKANT BHAGWAN BONDAR AND OTHERS

VERSUS

RUKHMINIBAI UTTAM BONDAR AND OTHERS ...

Mr. M.U. Shelke h/f. Mr. M.R. Deshmukh - Advocate for Appellants Mr. O.V. Waghmare h/f. Mr. G.J. Kore - Advocate for Respondent No.1 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 22nd February, 2024 PER COURT :

CIVIL APPLICATION NO. 5001 OF 2019 1.

Heard rival submissions.

2.

The applicants are seeking permission to bring themselves on record being the legal representatives of deceased respondent No.4 by condoning the delay of 880 days. The learned Counsel for respondent No.1 strongly opposed the Pooja K.

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909 SA-532-2016 application on the ground that, there is inordinate delay. 3.

However, considering the right to sue the application stands allowed in terms of prayer clauses 'B' and 'C' subject to cost of Rs.1500/- (rupees One Thousand and Five Hundreds only) to be paid to the Library, Advocates Association of High Court, Bombay, Bench at Aurangabad.

4.

After payment of cost the amendment be carried out. 5.

The Civil Application is accordingly disposed of. 6.

List the Second Appeal No.532 of 2016 alongwith Civil Application No.10883 of 2016 on 7th March, 2024. 7.

Interim relief, if any, to continue till then. [ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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