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Bombay High CourtCA/6007/2023disposed off

Premchandra Umanath Bodhankar And ANR v. Shivraj Ananda Sangangire Died Lrs Mathurabai And ORS

2023-05-03Hon'Ble Shri Justice R. M. Joshi2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6007 OF 2023 WITH CIVIL APPLICATION NO. 6008 OF 2023 IN SECOND APPEAL NO. 165 OF 2017 PREMCHANDRA UMANATH BODHANKAR AND ANOTHER

VERSUS

SHIVRAJ ANANDA SANGANDGIRE DIED LRS MATHURABAI AND OTHERS Advocate for Applicants : Mrs. A.N. Ansari Advocate for Respondent Nos. 1 to 7 : Mr. S.V. Warad CORAM : R.M. JOSHI, J.

DATE : 03rd May, 2023 PER COURT :

1.

This applications are filed for condonation of delay and to bring LRs of deceased appellant nos. 1 and 2 on record. 2.

Appellant no. 1 died on 22nd August, 2020, where as appellant no. 2 expired on 19th June, 2021. Death certificates filed on record confirm the said fact.

3.

Perusal of the applications do not show that any malafides can be attributed to the applicants in not bringing the LRs of deceased appellant nos. 1 and 2 in time. Having regard to the fact that both 1/2

applicants died during Covid - 19 pandemic period, there is sufficient reason to condone delay.

4.

Hence, both applications are allowed in terms of prayer clause 'b' and 'c'.

5.

Amendment be carried out within six weeks.

[ R.M. JOSHI, J. ] SPChauhan 2/2