Bombay High CourtCA/6457/2019disposed offdismissed for default

Nilkanth Pundlikrao Patange v. Dr. Uttam Ganpatrao Pensalwar (Died) Thr Lrs Shyam And ORS

2019-08-30Hon'Ble Shri Justice V.L. Achliya3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 947 CIVIL APPLICATION NO.6457 OF 2019 IN FA/967/2005 NILKANTH PUNDLIKRAO PATANGE

VERSUS

DR.UTTAM GANPATRAO PENSALWAR (DIED) THROUGH L.RS. SHYAM AND OTHERS =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= 947 CIVIL APPLICATION NO.6456 OF 2019 IN FA/968/2005 MASTER SATIWSH PATANGE AND OTHERS

VERSUS

DR.UTTAM GANPATRAO PENSALWAR (DIED) THROUGH L.RS. SHYAM AND OTHERS =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= ...

Advocate for Applicants : Smt.Reddy Ranjana D. CORAM: V.L. ACHLIYA, J.

DATE: 30.08.2019 PER COURT :

1] The applicants have moved these applications for bringing L.Rs. of deceased respondent no.1 on record with condonation of delay in filing the applications for the reasons set out in detail in the applications. 2] The L.Rs. of deceased respondent no.1 i.e. 1A to 1C

- 2 - are reported to have refused to accept the notice. 3] In brief, it is the contention of learned counsel for the applicants / appellants that the appeals were filed in the year 2005. The same were admitted on 19.11.2009. Thereafter, the matter was not listed. On 1.3.2019, the matter was listed before the Court seeking direction in the matter for listing of the appeals for final hearing. On 19.4.2019, Advocate representing the respondent no.1 reported as to the death of respondent no.1 on 4.4.2019. Immediately thereafter the applicants have taken steps to bring the L.Rs. of deceased respondent no.1 on record. In the process, there occurred delay of 2161 days.

4] In the background of overall facts of the case and the fact that after admission of the appeals, the matter was not on Board, delay caused in filing the applications deserves to be condoned.

5] Accordingly, the Civil Application No.6457/2019 is allowed in terms of prayer clauses [B] and [C], and the Civil Application No.6456/2019 is allowed in terms of prayer clauses [B], [C] and [D]. Necessary amendment / substitution be carried out within two weeks. After

- 3 - carrying out amendment, notice of appeals be issued to respondent nos.1A to 1C returnable on 18.10.2019. 6] Civil applications are disposed of in above terms. (V.L. ACHLIYA, J.) ndk/c3081951.doc