Vithabai Kisanappa Sathe v. Kushaba Mankuappa Namde Died Lrs Kachrubai And Others

915 CA 5789-2024

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 915 CIVIL APPLICATION NO. 5789 OF 2024 IN SECOND APPEAL NO. 252 OF 2015 WITH CIVIL APPLICATION NO. 6759 OF 2015 IN SA/252/2015 WITH SECOND APPEAL NO. 252 OF 2015 VITHABAI KISANAPPA SATHE

VERSUS

KUSHABA MANKUAPPA NAMDE DIED THROUGH L.RS.

KACHRUBAI AND OTHERS ...

Ms. Neha B. Kamble - Advocate for Applicant Mr. Sameer S. Kurundkar h/f. Mr. A.S. Deshpande - Advocate for Respondent Nos.1-A, 1-C, 2, 3 and 4 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 21st June, 2024 PER COURT :

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Heard rival submissions.

2.

Learned Counsel for applicant is seeking permission to bring legal representatives of deceased respondent No.6 - Walhabai w/o. Bhagappa Bhaskar, who admittedly died on 09.04.2013, by condoning the delay of 3992 days. 3.

Learned Counsel for some of the respondents strongly Pooja K.

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915 CA 5789-2024 opposed the application, on the ground of huge delay and that respondent No.6 died prior to filing of this appeal. 4.

However, considering the right to sue the application stands allowed in terms of prayer clause 'B' subject to cost of Rs.5,500/- (rupees Five Thousand and Five Hundreds only) to be paid to the Registry of this Court for utilization of High Court Dispensary, Bench at Aurangabad within two weeks. 5.

Amendment be carried out after deposit of cost. 6.

The Civil Application is disposed of accordingly. 7.

List the Civil Application No. 6759 of 2015 and Second Appeal No.252 of 2015 on 5th July, 2024.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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