The Chief Officer Municipal Council, Tuljapur v. Surekha Rajendra Sonji And ORS

- 1 - ca9455.19.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9455 OF 2019 IN FIRST APPEAL NO. 4164 OF 2016 The Chief Offcer Municipal Council Tuljapur Applicant

Versus

Surekha w/o Rajendra Sonji & others Respondents Mr. J. R. Patil, Advocate holding for Mr. K. K. Kulkarni, advocate for the applicant.

Mr. P. G. Borade, AGP for the State.

CORAM : R. M. JOSHI, J.

DATE :15th FEBRUARY, 2023.

PER COURT :

1.

This is an application for bringing on record legal heirs of deceased respondent No. 3 and for condonation of delay caused in fling the application.

2.

Learned counsel Mr. Patil holding for Mr. Kulkarni, learned counsel for the applicant submits that the delay caused in bringing legal heirs of deceased respondent No. 3 is not deliberate. 3.

Applicant is a Municipal Council and could not have gained anything by not bringing legal heirs of deceased respondent

- 2 - ca9455.19.odt No. 3 on record in time. No prejudice will be caused to the respondents if abatement is set aside.

4.

In the circumstances, application is allowed in terms of prayer clauses 'B' and 'C'. Delay caused in fling the application for bringing on record legal heirs of deceased respondent No. 3 is condoned. Abatement is set aside. Legal heirs of deceased respondent No. 3 be brought on record. Amendment be carried out within two weeks.

5.

Civil application stands disposed of.

( R. M. JOSHI) Judge dyb