Bhalchandra Ramkisan Nagle (Nagla) Thr Gpa Jagdish Bhalchandra Nagla v. Subhash Ramkisan Nagla
*1* 954ca4554o25
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 4554 OF 2025 IN SA/248/2024 WITH SECOND APPEAL NO. 248 OF 2024 WITH CIVIL APPLICATION NO. 4555 OF 2025 IN SA/248/2024 BHALCHANDRA RAMKISAN NAGLE (NAGLA) THR GPA JAGDISH BHALCHANDRA NAGLA
VERSUS
SUBHASH RAMKISAN NAGLA ...
Shri Jadhav Pritam P., Advocate for the Applicant. Shri Sushilkumar H. Tripathi, Advocate for the sole Respondent. ...
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 24th April, 2025 Per Court :- 1.
Civil Application No.4554/2025 is filed for condonation of delay in bringing legal representatives of the deceased sole appellant on record.
2.
The learned advocate for the applicants submits that delay occurred because applicant No.1-C (Jagdish Bhalchandra Nagla), who was looking after the proceedings as Power of Attorney Holder, has no knowledge about niceties of law and, therefore, the legal representatives were not brought on record in
*2* 954ca4554o25 time. He submits that although delay is of 115 days, inadvertently it is mentioned as 78 days in the application and in prayer clause.
3.
The learned advocate for the contesting respondent/ caveator opposes the application and submits that the extent of delay is wrongly mentioned in the main application and the applicants have not made any specific prayer for setting aside the abatement.
4.
Considering the contentions raised by the applicants in the Civil Application, in the interest of justice, delay of 115 days is condoned. The applicants are permitted to bring on record the legal representatives of the deceased appellant within a period of two weeks subject to costs of Rs.1000/- (Rupees One Thousand) to be paid by the applicants to the Bar Library of the Advocates' Association of Bombay High Court, Bench at Aurangabad. Civil Application No.4554/2025 is disposed of. 5.
The Second Appeal be fixed for admission on 24.06.2025.
kps ( PRAFULLA S. KHUBALKAR, J.)