Digambar Khanduji Jadhav v. Sakhubai Ramrao Sormare Deceased Kondabai And ORS

2024:BHC-AUG:8302 (1) 13 CA-9672.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 13 CIVIL APPLICATION NO. 9672 OF 2022 IN SECOND APPEAL NO. 795 OF 2012 DIGAMBAR KHANDUJI JADHAV

VERSUS

SAKHUBAI RAMRAO SORMARE AND OTHERS ...

Mr. A.R. Tapse, Advocate holding for Mr. S.S. Choudhari, Advocate for the appellant.

Mr. S.M. Gunjkar, Advocate holding for Mr. S.R. Deshpande, Advocate for respondent Nos. 4 to 8.

...

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 22 APRIL 2024.

ORDER:- 1.

Heard rival submissions.

2.

The applicant/original appellant is seeking permission to bring on record legal representatives of respondent No.3 Kausabai Bhagwan Khedekar, who admittedly died on 10.02.2020, by condoning the delay of 764 days. 3.

The learned Counsel for respondent Nos. 4 to 8 though objected the application on the ground of inordinate delay, but considering the right to sue, the application stands allowed in terms of prayer clause (B) subject to cost of Rs. 1500/- to be paid by the applicant to the Library, Advocates Association of Bombay High Court, at Aurangabad.

(2) 13 CA-9672.2022.odt 4.

The amendment be carried out within stipulated period and after deposit of cost. Application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) VD_Dhirde