Gurusidhappa @ Suryakant Baswanappa Konale v. Chandrkant Baswanappa Konale And Others

1 910 ca 8775-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 CIVIL APPLICATION NO. 8775 OF 2020 IN SA/742/2016 WITH SECOND APPEAL NO. 742 OF 2016 GURUSIDHAPPA @ SURYAKANT BASWANAPPA KONALE

VERSUS

CHANDRKANT BASWANAPPA KONALE AND OTHERS ...

Ms. Rekha Choudhari h/f Mr. D.D. Sarwade, Advocate for Applicant Mr. A. R. Tapse h/f Mr. G.J. Kore, Advocate for Respondent No.7 Mr. Sunil Govindrao Magre, Advocate for Respondent No.6 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 30/01/2024.

P. C. :

1.

Heard rival submissions.

2.

The appellant i.e. original appellant is seeking permission to bring legal representatives of deceased respondent No.8 Laxmibai Bhagwanrao Gulve on record by condoning the delay of 2956 days. Admittedly, Laxmibai has died on 12/11/2011.

3.

The learned counsel for respondent Nos.6 & 7 strongly opposed the application on the ground that there is inordinate delay without any sufficient cause. However, considering the right to sue, the application stands allowed in terms of prayer clause B, subject to cost of Rs.4,000/- to be paid by the appellant to Advocate Bar Library, High Court, Aurangabad, within two weeks.

2 910 ca 8775-20 4.

The amendment be carried out within a period of two weeks. Accordingly, the application stand disposed of. 5.

List Second Appeal No.742 of 2016 on 13/02/2024. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-