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Bombay High CourtCA/9425/2021disposed off

Gulabchand Pannalal Nahar Deceased Lrs. Ashokchand Gulabchand Nahar v. Hiralal Pannalal Nahar Deceased Lrs. Manikchand Hiralal Nahar

2023-04-26Hon'Ble Shri Justice R. M. Joshi2 pages

73CA9428.21

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9428 OF 2021 IN SA/764/2010 WITH CA/9425/2021 IN SA/763/2010 GULABCHAND PANNALAL NAHAR

VERSUS

HIRALAL PANNALAL NAHAR AND OTHERS ...

Advocate for Applicants : Mr. Dixit Sushant V. Advocate for Respondent Nos. 1A : Mr. Mrunal Andhare h/f. Mr. A.B. Kale Advocate for Respondent Nos. 1B : Mr. Rajendra Deshmukh Advocate for Respondent Nos. 3 to 5 : Ms. Tejshree K. Nalawade h/f. Mr. Devang R. Deshmukh CORAM : R.M. JOSHI, J.

DATE : 26th April, 2023 PER COURT :

1.

These applications are filed for bringing LRs of deceased appellant on record after condonation of delay. 2.

The appellant died on 17th November, 2019. This fact is supported by copy of the death certificate which filed on these applications.

3.

Applicants have contended that as they were in shock due to sudden demise of the appellant, some time was taken to inform the Advocate. It is also said that on account of Covid 19, no immediate steps could be taken to bring themselves on record. 1/2

73CA9428.21 4.

Perusal of the applications shows that the delay is satisfactorily explained.

5.

No malafieds can be attributed on the part of the applicants. Application is in time.

6.

Civil Applications stand allowed in terms of prayer clause 'a' and 'b'.

7.

Amendment be carried out within a period of two weeks. [ R.M. JOSHI, J. ] SPChauhan 2/2