Rambhau Govinda Mali (Gorade) And Others v. Raosaheb Punjaba Karale (Died) Thr Lrs Dnyaneshwar Raosaheb Karale And Others

(1) 31 CA-9406.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.9406 OF 2021 IN AO/63/2017 RAMBHAU GOVINDA MALI (GORADE) AND OTHERS

VERSUS

RAOSAHEB PUNJABA KARALE (DIED) THROUGH LRS DNYANESHWAR RAOSAHEB KARALE AND OTHERS ...

Mr. A.D. Kasliwal, Advocate for the applicants. Mr. A.D. Gadekar, Advocate for respondent Nos. 1a, 2a and 4. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

17.08.2022.

ORDER:- 1.

Learned Counsel for the legal representatives of respondent No.1 (a) submits that one more legal representative of the deceased respondent No.1 (a) is not included in the application.

2.

On furnishing such name of the remaining legal representative, leave is granted to insert his name in the application. Necessary amendment be carried out forthwith. 3.

This application is for bringing legal representatives of respondent No.1 (a) Dnyaneshwar Raosaheb Karale, who died on 27.02.2019, by condoning delay of 807 days. Though the application is opposed by respondent No.1-a, respondent Nos.2-a and 4, but since the right to sue survives, the

(2) 31 CA-9406.2021.odt application stands allowed in terms of prayer clause "B". The necessary amendment be carried out within the stipulated period.

4.

Leave granted to fle Vakalatnama on behalf of the legal representatives of deceased respondent No. 1 (a). 5.

Reissue notice to respondent No. 7 in main matter, returnable on 30.08.2022.

(SANDIPKUMAR C. MORE, J.) vd_dhirde