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Bombay High CourtCA/8690/2024admittedallowedgrantedrule absolute

Baba Dashrath Bhor v. Vijaykumar Manikchand Muttha Died Lrs. Amit And Others

2024-08-19Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 26= SA 7-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 26 SECOND APPEAL NO. 70 OF 2020 WITH CIVIL APPLICATION NO. 2137 OF 2020 IN SA/70/2020 WITH CIVIL APPLICATION NO. 8690 OF 2024 IN SA/70/2020 BABA DASHRATH BHOR

VERSUS

VIJAYKUMAR MANIKCHAND MUTTHA DIED LRS. AMIT AND OTHERS ...

Advocate for Appellant : Mr. Y. H.Lagad Advocate for Respondent No.7 : Mr. R.P. Bhoomkar h/f Mr. A.M. Gholap Advocate for Respondent No.1A and 1/B Mr. S.S. Bora ...

CORAM : SANDIPKUMAR C. MORE, J.

DATED : August 19, 2024 ORDER:- IN CIVIL APPLICATION NO. 8690/2024 1.

Heard rival submissions.

2.

The application is filed for bringing legal representatives of respondent No.2 Khelu Dashrath Bhor and respondent No.5 Rambhau Dashrath Bhor, who admittedly died on 19.10.2023 and 06.08.2016 by condoning the respective delay periods of 98 and 2728 days.

3.

Though the application is strongly opposed, but considering the right to sue, it stands allowed in terms of

(2) 26= SA 7-2020.odt prayer clauses (A) and (B) subject to cost of Rs. 3,500/- (Rupees Three Thousand Five Hundred) to be deposited with Library, Advocate Association of High Court Bombay, Bench at Aurangabad.

4. Amendment be carried out within stipulated period. Application is accordingly disposed of 5.

Stand over to 02.09.2024.

(SANDIPKUMAR C. MORE, J.) Y.S. Kulkarni