Ramrao Shrinivasrao Kulkarni (Died) Lrs Nilkanth Ramrao Kulkarni And ORS v. Nagorao S.Kulkarni(Died)Lrs Gayabai Nagorao Tapwankar And ORS

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5929 OF 2012 IN SA/615/1999 WITH SA/433/1999 RAMRAO SHRINIVASRAO KULKARNI (DIED) LRS NILKANTH RAMRAO KULKARNI AND OTHERS

VERSUS

NAGORAO S.KULKARNI(DIED)LRS GAYABAI NAGORAO TAPWANKARAND OTHERS ...

Advocate for Applicants : Mr. A.S. Deshmukh CORAM : R.M. JOSHI, J.

DATE : 26th April, 2023 PER COURT :

1.

At the outset, learned counsel for the applicants states that LRs of deceased respondent no. 1 (i) are already on record and hence, he be permitted to mention against the name of deceased respondent as deceased.

2.

Leave is granted.

3.

In so far as respondent no. 1 (v) is concerned, he seeks withdrawal of the application against him.

4.

Application stands disposed of as withdrawn against respondent no. 1 (v) at the costs risk and consequences of the applicants.

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5.

This application is filed to bring LRs of deceased appellant Ramrao after condonation of delay of 108 days. 6.

Considering the reasons mentioned for condonation of delay, no malafides can be attributed against the applicants for not bringing the LRs in time.

7.

In the interest of justice, application stands allowed in terms of prayer clause 'b' and 'c'.

8.

Amendment to be carried within two weeks.

9.

Learned counsel for the applicants states that prayer clause 'b-1' is not pressed. Hence, application stands dismissed in respect of prayer clause 'b-1'.

[ R.M. JOSHI, J. ] SPChauhan 2/2