Rasheed Kasambhai Shaikh And ORS v. Bhanudas Bhivrao Jawale Died Lrs. Vithalbai Died Lrs. Gajanan And ORS.

2025:BHC-AUG:11419 198-ca-11458-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11458 OF 2023 IN SA/723/2005 Rasheed Kasambhai Shaikh And Ors

VERSUS

Bhanudas Bhivrao Jawale Died Lrs. Vithalbai Died Lrs. Gajanan And Ors.

...

Adv. A. N. Ansari, Advocate For R 2 A To 2 G Adv. A. V. Hon, Advocate for appellant in SA .....

CORAM : S. G. CHAPALGAONKAR, J.

Dated : 15TH APRIL, 2025 PER COURT :- 1.

By this application, applicants are seeking permission to bring them as legal representatives of deceased respondent No.2 alongwith legal representatives, which are already brought on record.

2.

It appears that Kasambhai Ghashabai Shaikh/original respondent No.2 died during pendency of Second Appeal. Appellant had filed application for bringing legal representatives of respondent No.2 i.e. Civil Application No.6196 of 2016. That application is allowed and respondent No.2A to 2D are brought on record. Now, it is submitted that

198-ca-11458-2023 apart from 2A to 2D, the applicants are also legal representatives of deceased from his second wife namely; Zubaidabee. The contents of application are not controverted by the contesting respondents.

3.

In that view of the matter, there is no impediment in allowing the application by condoning the delay of 2861 days. In result, application is allowed in terms of prayer clauses A-1 and B.

4.

Amendment to be carried out within period of one week from today.

( S. G. CHAPALGAONKAR, J. ) Rushikesh/2025