Geetabai Manga Chaudhari And Others v. Sojabai Vallabh Chaudhari Deceased Throughlrs Gulab Vallabh Chaudhari Lrs Gulab And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5802 OF 2014 IN SA/899/2009 GEETABAI MANGA CHAUDHARI AND OTHERS

VERSUS

SOJABAI VALLABH CHAUDHARI DECEASED THROUGH LEGAL HEIRS GULAB VALLABH CHAUDHARI LRS GULAB AND OTHERS ...

Advocate for applicants : Mr. R. R. Karpe Advocate for respondent No.3 : Mr. S. P. Shah ...

CORAM : SMT.VIBHA KANKANWADI, J.

DATE : 22-01-2019.

ORAL ORDER :

1.

Present application has been filed to bring the legal representatives of respondent No.2 on record, however there is delay of 595 days. Respondent No.2 Guntabai expired on 07-08-2012 i.e. during the pendency of the second appeal. It is brought on record that the learned advocate who was representing original respondent No.2 had intimated the death at any earlier point of time to this Court. The applicant say that, they are agriculturist and poor person and were unaware about the fact of death and to bring the legal representatives on record.

Civ.Appln 5802-2014 2.

The proposed legal representatives were served, however they have not appeared in the matter. Therefore, taking into consideration the above said aspect, the delay deserves to be condoned. Hence, application is allowed. Delay is condoned. Legal representatives of respondent No.2 be brought on record. Amendment to that effect be carried out within 15 days from today. (SMT. VIBHA KANKANWADI) JUDGE vjg/-.