Gokuldas Tulshiram Bhutada v. Ramnath Tulshiram Bhutada And ORS.

2024:BHC-AUG:2917 951-CA-10969-2010+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10969 OF 2010 IN SA/50/2007 WITH SA/50/2007 WITH CIVIL APPLICATION NO. 6544 OF 2005 IN SA/50/2007 Gokuldas Tulshiram Bhutada

VERSUS

Ramnath Tulshiram Bhutada And Ors.

...

Mr. V D Gunale, Advocate for Applicant ...

CORAM

: R.M. JOSHI, J DATE : FEBRUARY 09, 2024 PER COURT :

1.

This application is for condonation of delay of 1663 days in bringing Lrs of deceased Respondent No. 1 record who died on 12th September, 2005.

2.

Perusal of the application does not show that any mala fides can be attributable to the applicants in not bringing the Lrs of deceased respondent on record in time. Appeal is already admitted, as such, no prejudice will cause to the Lrs of deceased respondent no. 1 if they are brought on record by condonation of delay.

3.

Absence of these respondents indicates that they have no inclination to oppose application. Hence,

951-CA-10969-2010+.odt application is allowed in terms of prayer clauses 'B' and 'C'. Amendment be carried out within a period of two weeks.

4.

Issue notice to the newly added Respondents in Second Appeal, returnable on 22nd March, 2024. (R. M. JOSHI, J.) Malani