Geetabai Manga Chaudhari And ORS v. Sau Sojabai Vallabh Chaudhari Deceased Throughlrs Gulab Vallabh Chaudhari And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 CIVIL APPLICATION NO. 5608 OF 2018 IN SA/899/2009 GEETABAI MANGA CHAUDHARI AND ORS

VERSUS

SAU SOJABAI VALLABH CHAUDHARI DECEASED THROUGH LRS GULAB VALLABH CHAUDHARI AND OTEHRS ...

Mr. R. R. Karpe, Advocate for applicants.

Mr. S. P. Shah, Advocate for respondent No.3. ...

CORAM : SMT.VIBHA KANKANWADI, J.

DATE : 22-01-2019.

ORAL ORDER :

1.

Learned advocate Mr. S. P. Shah waives notice for proposed legal representatives. Present application has been filed for bringing the legal representatives of respondent No.3 on record. However, there is delay of 264 days.

2.

Respondent No.3 died on 03-05-2017. It appears that, the respondent No.3 had also filed the Second Appeal No. 209 of 2010. In that application also there was delay to bring the legal representatives on record. That means, after the steps were taken by the appellant in Second Appeal No. 209 of 2010 the present applicants came to know

Civ.Appln 5608-2018 about the death of respondent No.3. Therefore, good ground is shown to condone the delay, though objections have been raised by the legal representatives of respondent No.3. 3.

Hence, the application is allowed. The legal representatives of respondent No.3 be brought on record within fifteen (15) days from the date of this order.

4.

Second appeal to come up as per CIMS roster.

(SMT. VIBHA KANKANWADI) JUDGE vjg/-.