1/A. Dilip Pandurang Rathod Died Thr Lrs Usha Dilip Rathod And Others v. Pandurang Manna Rathod And ORS

2024:BHC-AUG:10515 1 908 ca 9293-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 CIVIL APPLICATION NO. 9293 OF 2023 IN SAST/18733/2023 1/A. DILIP PANDURANG RATHOD DIED THR LRS USHA DILIP RATHOD AND OTHERS

VERSUS

PANDURANG MANNA RATHOD AND ORS ...

Mr. Sujit S. Kulkarni h/f Mr. Shinde Siddharth Y., Advocate for Applicants Mr. Krushna S. Solanke h/f Mr. Lavte A. V., Advocate for Respondent Nos.1 to 5 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 11/06/2024.

P. C. :

1.

Heard rival submissions.

2.

The applicants / appellants, who are the legal representatives of original plaintiff, are seeking condonation of delay of 683 days in filing the second appeal. The learned counsel for the respondents strongly opposed the application. But it seems that just before passing impugned judgment, the original plaintiff had committed suicide and therefore the present applicants being minor at the relevant time, could not take immediate steps to file appeal. In view of the same and considering the right to sue, the application

2 908 ca 9293-23 stands allowed in terms of prayer clause-B subject to deposit of costs of Rs.1,000/- to be paid to High Court Dispensary, within four weeks. The application is accordingly disposed of. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-