Kashibai Hanumantrao Jadhav v. Sopan Tuljaram Somwanshi And Others

908-ca-2595-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 CIVIL APPLICATION NO.2595 OF 2021 IN SA/447/2017 KASHIBAI HANUMANTRAO JADHAV

VERSUS

SOPAN TULJARAM SOMWANSHI AND OTHERS ...

Advocate for Applicant : Mr. Manale Satish S Advocate for Respondent Nos.1 and 2 : Mr. S. V. Gundare ...

CORAM

:SMT. VIBHA KANKANWADI, J.

DATE : 27.07.2021 ORDER :- .

Present application has been filed for getting the delay of 76 days condoned in setting aside the abatement and bringing the legal representatives of respondent No.3 on record. 2.

Heard learned Advocate Mr. S. S. Manale for the applicant and learned Advocate Mr. S. V. Gundare for respondent Nos.1 and 2. 3.

Respondent Nos.3A to 3D i.e. proposed legal representatives of respondent No.3 are served, however, they have not yet appeared. Though learned Advocate Mr. Gundare submits that he would take instructions from them and if they permit him to appear, he would appear, but at this stage, when they have been properly served and they (1)

908-ca-2595-2021.odt have not appeared, the reasons for the delay can be taken as sufficiently and reasonably explained. Therefore, for the reasons stated in paragraph Nos.3 and 4 of the application, the delay stands condoned. Abatement stands set aside. Application stands allowed and disposed of. 4.

Legal representatives of respondent No.3 be brought on record within a period of one week. After they are brought on record, once again issue notice to them, returnable on 14.09.2021. [SMT. VIBHA KANKANWADI, J.] scm (2)