Babruwan Tulshiram Kirwale And ANR v. Babu Maruti Kirwale And ORS

42 C.A, 6878-23-.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.6878 OF 2023 IN SA/552/2006 BABRUWAN TULSHIRAM KIRWALE AND ANR

VERSUS

BABU MARUTI KIRWALE AND ORS ...

Advocate for Applicants : Mr. Mandlik Pratap Pravin ....

CORAM : S. G. MEHARE, J.

DATE : 08.12.2023 PER COURT :

1.

This is an application for condonation of delay for bringing the legal heirs of respondent on record.

2.

The proposed legal heirs of respondent No.2 were served but they did not appear. Hence proceed ex-arte against them. 3.

There is huge delay of bring the legal heirs of deceased respondent No.2 on record. However, the reason assigned for the delay appears plausible. No harm would be caused to the proposed legal heirs of respondent No.2.

4.

The learned counsel for the appellants states that respondent No.4 has been died. However, his legal heirs are already on record.

42 C.A, 6878-23-.odt Hence, no need to bring their legal heirs on record. Hence, the following order :-

ORDER

(i) The application is allowed.

(ii) Delay is condoned. The abatement order is also set aside. (iii) The legal heirs be brought on record by way of carrying amendment on or before 18.01.2024.

(iv) After bringing the legal heir of respondent No.2 on record, the fresh notice be issued to them returnable on 6th February, 2024. ( S. G. MEHARE ) JUDGE ysk