Shankar Keru Kale Deceased Lrs. Bhimraj Deceased Lrs. Satyabhama And ORS v. Tarabai Jagannath Kale

2024:BHC-AUG:1673 1 906-CA 9643-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9643 OF 2022 IN SA/24/1999 Shankar Keru Kale deceased through L.Rs.

Bhimraj Shankar Kale Since deceased through his L.Rs.

Satyabhama Bhimraj Kale and others .. Applicants

Versus

Tarabai Jagannath Kale .. Respondent Mr. S. P. Nimbalkar, Advocate h/f Mr. V. R. Dhorde, Advocate for the Applicants.

Mr. K. M. Lokhande, Advocate for Respondent.

CORAM :

R. M. JOSHI, J.

DATE : 24th JANUARY, 2024.

PER COURT :- .

This application is for condonation of delay of 85 days caused in bringing legal representatives of deceased sole appellant on record. The appellant died on 12.11.2021. The applicants claim that, for want of knowledge of the present proceeding, the application could not be made in time to bring themselves on record in place of original appellant.

2.

This Court finds that, no malafides on the part of the applicants in not making the application within time. The appeal is already

2 906-CA 9643-2022.odt admitted. Hence, in the interest of justice, the application is allowed in terms of prayer clauses (A) and (B). Amendment be carried out within a period of two (02) weeks from today.

3.

The civil application is disposed of.

( R. M. JOSHI, J. ) P.S.B.