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Bombay High CourtCA/5638/2024admittedallowedgrantedrule absolute

Ahir Sali Samaj Devi Mandir Trust, Faizpur Tal. Yawal Dist. Jalgaon Through Ramdas Anant And Others v. Onkar Doma Pardeshi Died L.Rs. Parwatabai L.Rs. Madhav Onkar And Othres

2024-07-19Hon'Ble Shri Justice Sandipkumar C. More3 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 CIVIL APPLICATION NO. 5638 OF 2024 IN SA/770/2022 WITH CIVIL APPLICATION NO. 5640 OF 2024 IN SA/771/2022 WITH CIVIL APPLICATION NO. 9111 OF 2023 IN SA/772/2022 WITH SECOND APPEAL NO. 771 OF 2022 WITH CIVIL APPLICATION NO. 16189 OF 2022 IN SA/771/2022 WITH SECOND APPEAL NO. 770 OF 2022 WITH CIVIL APPLICATION NO. 16187 OF 2022 IN SA/770/2022 WITH SECOND APPEAL NO. 773 OF 2022 WITH CIVIL APPLICATION NO. 16193 OF 2022 IN SA/773/2022 WITH SECOND APPEAL NO. 772 OF 2022 WITH CIVIL APPLICATION NO. 16190 OF 2022 IN SA/771/2022 WITH CIVIL APPLICATION NO. 16191 OF 2022 IN SA/772/2022 WITH CIVIL APPLICATION NO. 16194 OF 2022 IN SA/773/2022 WITH CIVIL APPLICATION NO. 16192 OF 2022 IN SA/772/2022 WITH CIVIL APPLICATION NO. 16188 OF 2022 IN SA/770/2022 AHIR SALI SAMAJ DEVI MANDIR TRUST, FAIZPUR TAL. YAWAL DIST. JALGAON THROUGH RAMDAS ANANT AND OTHERS

VERSUS

ONKAR DOMA PARDESHI DIED L.RS. PARWATABAI L.RS. MADHAV ONKAR AND OTHERS ...

Mr. Rohit Dhongade, Advocate holding for Mr. Sanket Kulkarni, Advocate for the applicants.

Ms. Karishma Sarin, Advocate holding for Mr. Satyajit Bora, Advocate for respondent Nos.1-C, 1-B and 1-E. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

19 JULY 2024

(2) ORDER:- IN CIVIL APPLICATION NO. 5638 OF 2024 :

1.

Leave to remove the office objections by carrying out necessary amendments 2.

Heard rival submissions.

3.

The applicants are seeking permission to bring on record legal representatives of deceased respondent No.1D Pushpabai Harchand Pardeshi, who admittedly died on 08.12.2021, by condoning the delay of only 790 days. Though the application is opposed, but considering the right to sue, the the application is allowed in terms of prayer clauses (A), (B), (C) and (D) subject to cost of Rs. 1500/- to be deposited with Registry of this court for utilization of High Court Dispensary, Bench at Aurangabad within two weeks. Necessary amendment be carried out within stipulated period. The application is accordingly disposed of.

IN CIVIL APPLICATION NO. 5640 OF 2024 :

1.

Leave to remove the office objections by carrying out necessary amendments 2.

Heard rival submissions.

3.

The applicants are seeking permission to bring on record legal representatives of deceased respondent No.2D Pushpabai Harchand Pardeshi, who admittedly died on 08.12.2021, by condoning the delay of only 790 days. Though the application is opposed, but considering the right to sue, the the application is allowed in terms of prayer clauses (A), (B), (C) and (D) subject to cost of Rs. 1500/- to be deposited with Registry of this court for utilization of High Court Dispensary, Bench at Aurangabad within two weeks. Necessary

(3) amendment be carried out within stipulated period. The application is accordingly disposed of.

IN CIVIL APPLICATION NO. 9111 OF 2023 :

1.

Leave to remove the office objections by carrying out necessary amendments 2.

The applicants are seeking permission to bring on record legal representatives of deceased respondent No.1 Lakhu @ Lakhichand Pardeshi, who admittedly died on 06.05.2022, by condoning the delay of only 334 days. Though the application is opposed, but considering the right to sue, the the application is allowed in terms of prayer clauses (A), (B) and (C) subject to cost of Rs. 500/- to be deposited with Registry of this court for utilization of High Court Dispensary, Bench at Aurangabad within two weeks. Necessary amendment be carried out within stipulated period. The application is accordingly disposed of.

3.

List the other matters on 02.08.2024. Interim relief, if any granted earlier, to continue till then.

(SANDIPKUMAR C. MORE, J.) VD_Dhirde