Sonaji Ganpati Kharsade Lrs Paraji v. Ramhari Digune Kharsade

8433.2014 CA

IN THE HIGH COURT OF JUDICATURE OF BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8433 OF 2014 IN SECOND APPEAL NO. 43 OF 2013 Sonaji S/o Ganpati Kharsade (deceased through L.Rs.) ...

Applicants

Versus

Ramhari s/o Digune Kharsade ... Respondent .....

Mr. Y.R. Shinde, Advocate holding for Mr. S.S. Chapalgaonkar, Advocate for Applicant Mrs. R.S. Kulkarni, Advocate holding for Mr. H.V. Tungar, Advocate for respondent .....

CORAM : RAVINDRA V. GHUGE, J.

DATED : 13th APRIL, 2015 PER COURT :

1.

The applicant herein is the legal heir of the sole appellantSonaji Ganpati Kharsade who has passed away. By this application, it is prayed that the applicant be permitted to come on record as the legal heir of the deceased-appellant. Delay of 30 days has been caused in filing this application. 2.

Mrs. Kulkarni, learned Advocate opposes the applicant on the ground that the reasons cited are not satisfactory.

8433.2014 CA 3.

In the light of the above and for the reasons set out in the application, same is allowed. Abatement order is recalled. Delay of 30 days is condoned by imposing costs of Rs. 500/-, which the applicant shall deposit in this Court within a period of two weeks. Pursuant to depositing the costs, the applicant be brought on record as the legal heir of the appellant within two weeks therefrom. The sole respondent is permitted to withdraw the costs deposited.

4.

In the event of non-compliance of this order, the same shall stand recalled, Civil Application stand rejected and the Second Appeal shall stand abated.

( RAVINDRA V. GHUGE, J. ) SDM*APRIL-2015