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Bombay High CourtCA/9146/2021application allowed

Sulochanabai Baburao Choudhari v. Deelip Virbhadrappa Choudhari And ORS

2021-10-26Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 CIVIL APPLICATION NOs.9146 OF 2021 & 9147/2021 IN SA/556/2012 SULOCHANABAI BABURAO CHOUDHARI

VERSUS

DEELIP VIRBHADRAPPA CHOUDHARI AND ORS ...

Advocate for Applicant : Mr. Patil Milind Mr. A.N. Sabis, Adv. For R/1 And 2.;

Mr. SV Chillarge, Adv. For Resp.Nos. 3(b) to 3(e). ----- CORAM : SMT.VIBHA KANKANWADI,J.

DATE : 26 th October, 2021.

PER COURT :- 1.

Present application has been fled for bringing the legal representatives of deceased Respondent No.3 - on record. Respondent No.3 expired on 8.3.2015. There is delay of 2368 days in moving the application for L.Rs.. Separate afdavit has been fled by the Advocate explaining the delay, which appears to have been caused because of his inadvertence.

2.

The learned Advocate for the other sides have strongly apposed for allowing the applications. However, taking into consideration the reasons assigned in the applications, the delay stands condoned. The application to bring the legal heirs of deceased Respondent No.3 stands allowed and disposed of subject to deposit of costs of Rs.

(2) 5,000/-, to be paid by the Advocate from his own pocket to the High Court Legal Services Sub-Committee, Aurangabad on or before 15.11.2021. Necessary amendment to bring the legal heirs of the Respondent No.3 on record be carried out.

3.

Both the Civil Applications stand allowed and disposed of.

(SMT. VIBHA KANKANWADI) JUDGE BDV