Kishan Madhav @ Mahadu Shende (Died) Lrs Nagnath Kishan Shende And ORS v. Narayan Mahadu Shende, L.Rs. Laxaman And Others

1 CA 9137 & 9138/2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Civil Application No.9137 of 2013 And Civil Application No.9138 of 2013 In Second Appeal No.16 of 2011 Kishan s/o Madhav @ Mahdu Shende Died through legal representatives.

.. Applicants.

Versus

Narayan S/o Mahadu Shende died through legal representatives.

.. Respondents.

-------- Shri. Milind M Patil (Beedkar), Advocate, for applicants. Shri. A.M. Gaikwad, Advocate, for respondent Nos.1A to 1D.

-------- CORAM: T.V. NALAWADE, J.

DATE : 2nd SEPTEMBER 2015 ORDER:

1) The first application is filed for condonation of delay of 712 days caused in bringing legal representatives of respondent No.1 on the record and the second application is filed for condonation of delay of 897 days caused in bring legal representatives of respondent No.2

2 CA 9137 & 9138/2013 on the record. Permission is sought to bring the legal representatives on the record. Learned counsel Shri. A.M. Gaikwad is representing proposed legal representatives. Heard both the sides.

2) It appears that there was no information about the death and only after report of the serving officer the applicant came to know about the death of these respondents. In view of these circumstances and the submissions mad this Court holds that the applications deserve to be allowed. In the result, the applications are allowed. Delay is condoned. Permission is granted to bring the proposed legal representatives of the deceased respondents on the record in the appeal. Amendment to be carried out immediately the appeal. Notice of the main matter to these legal representatives. It is waived by learned counsel.

Sd/- (T.V. NALAWADE, J. ) rsl