Harishkumar Kiroriral Agrawal v. Kalidas Bhaurao Chokhat And Others

2024:BHC-AUG:1956 1 43

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 43 CIVIL APPLICATION NO. 9126 OF 2023 IN WP/2392/2021 HARISHKUMAR KIRORIRAL AGRAWAL

VERSUS

KALIDAS BHAURAO CHOKHAT AND OTHERS ...

Advocate for Applicant : Mr. Deshmukh Arvind Advocate for Respondent No.1 : Mr. S. K. Chavan Advocate for Respondent No.7 : Mr. S. B. Ghatol Patil ...

WITH WRIT PETITION NO. 2392 OF 2021 ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 29th JANUARY, 2024 PER COURT:

1.

The present application is filed for bringing the legal heirs of deceased respondent no.2 on record along with condonation of delay of 380 days in filing the application. The legal heirs are served, none has entered appearance.

2.

The learned counsel for the applicant submits that immediately on being aware that the respondent no.2 is expired, the applicant had applied to the authorities for the death certificate of deceased respondent no.2. After getting the said information of the legal

2 43 heirs of respondent no.2 the application is filed and inadvertent delay is caused in filing the civil application.

3.

For the reasons stated in the application, the same is allowed, delay is condoned. The legal heirs of respondent no.2 are permitted to be brought on record. Necessary amendment to be carried out within a period of four (04) weeks from today. The civil application stands disposed of.

4.

In the writ petition, issue notice to the legal heirs of respondent no.2, returnable on 11.03.2024.

[ARUN R. PEDNEKER, J.] marathe