Balkishan Mishrimal Darakh Since Deceased Thr His Lrs. Shrikrushna And Others v. Dwarkadas Mishrilal Darakh And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.7006 OF 2021 IN FA/977/2002 BALKISHAN MISHRIMAL DARAKH SINCE DECEASED THROUGH HIS LRS. SHRIKRUSHNA AND OTHERS

VERSUS

DWARKADAS MISHRILAL DARAKH AND OTHERS Mr.P.R.Katneshwarkar, Advocate for the applicants. Mr.V.R.Mundada, Advocate for respondent Nos. 3, 4 and 5. ( CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, JJ) DATE : JULY 29, 2021 PER COURT :

1.

On instructions, the learned Advocate for the applicants seeks liberty to withdraw this civil application to the extent of prayer clause "C" so as to file an independent civil application for seeking leave to withdraw FA No.977/2002.

2.

In so far as the prayer for bringing the LR'

s on record and for condonation of delay, the learned Advocate for the above non applicants does not oppose this civil application. khs/July 2021/7006

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In view of the above, this civil application is allowed and the delay of 1467 days is condoned. The LR'

s of the deceased original appellant Balkishan shall be brought on record in the first appeal within 10 days from today. Liberty is granted to these applicants to file a `separate application for seeking leave to withdraw FA No.977/2002. ( S.G. MEHARE, J. ) ( RAVINDRA V. GHUGE, J. ) khs/July 2021/7006