Ramrao Nilkanthrao Patil Died Lrs Shobhabai And Others v. Dhondji@Ramesh Nilkanthrao Patil Died Lrs Shakuntala And Others

CA No. 8951/14

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 902 CIVIL APPLICATION NO. 8951 OF 2014 IN RAST/15791/2014 WITH RA/263/2017 IN SA/323/1991 WITH CA/13824/2017 IN RA/263/2017 RAMRAO NILKANTHRAO PATIL DIED LRS SHOBHABAI AND OTHERS

VERSUS

DHONDJI@RAMESH NILKANTHRAO PATIL DIED LRS SHAKUNTALA AND OTHERS ...

Advocate for Applicants : Mr. Patil Milind Advocate for Respondents 1B to 1D: Mr. R.N. Dhorde, Sr. Counsel i/b. Mr. S.B. Ghatol-Patil Advocate for Respondents 4A to 4C : Mr. Hemant Pawar ...

CORAM : T.V. NALAWADE, J.

DATED : December 14, 2017.

ORDER :

1) Civil Application No. 8951/2014 is filed for condonation of delay caused in filing review application. The delay of 40 days is caused in filing review application.

2) The record of service of notice produced today shows that respondent No. 4B accepted the notice issued as against respondent Nos. 4A and 4C. There is service record in respect of respondent No. 4B.

There is service record in respect of respondent Nos. 2 and 3, but nobody has turned up for these respondents. Respondent Nos. 1B to 1D are served and Advocate Shri. Ghatol-Patil has filed appearance for them. Respondent No. 1A

CA No. 8951/14 is said to be dead. Respondent No. 5 is said to be dead. Her legal heirs are said to be on record as respondent Nos. 4A to 4C, who are served. In view of the contentions made in the application and arguments advanced by the learned counsel for the applicants and learned counsel Shri. Ghatol-Patil, this Court holds that sufficient cause is shown. The application is allowed. Delay is condoned. 3) Review application filed for Ramrao Patil is to be registered as review application.

4) Notice be issued to respondents in aforesaid review application for final disposal, made returnable on 8.1.2018. Learned counsel Shri. Ghatol Patil waives notice for respondent Nos. 1A to 1D.

[T.V. NALAWADE, J.] ssc/