Ranganath Bhaurao Nimse And Another v. Bajirao Yadu Raktate L.Rs. Kalawati L.Rs. Devidas Bajirao Raktate And Others

935-CA-10671-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10671 OF 2024 IN SA/979/2018 Ranganath Bhaurao Nimse And Another

VERSUS

Bajirao Yadu Raktate L.rs. Kalawati L.rs. Devidas Bajirao Raktate And Others ...

Mr. N. V. Gaware, Advocate for Applicants ...

CIVIL APPLICATION NO. 13258 OF 2022 IN SA/979/2018 .....

CORAM : ROHIT W. JOSHI, J.

Dated : 06TH MARCH, 2025 PER COURT :- CIVIL APPLICATION NO. 10671 OF 2024 :- .

The learned Advocate for the proposed legal representatives of deceased respondent No.3 is absent even on second call.

2.

This is an application for condonation of delay in filing the application for bringing legal heirs of deceased respondent no.3 on record.

3.

The appeal is of the year 2018. Appeals of earlier years are still pending for final hearing.

935-CA-10671-2024 4.

Having regard to the fact that the delay has not caused any impediment for further hearing of the appeal as also having regard to the reasons mentioned in the application, I am inclined to allow the application for condonation of delay and further to set aside abatement of appeal against deceased respondent No.3 and to permit the appellant to bring legal heirs of deceased respondent No.3 on record.

4.

Necessary amendment be carried out within a period of three weeks from today.

5.

Civil Application is disposed of.

CIVIL APPLICATION NO. 13258 OF 2022:- .

Issue fresh notice to unserved legal heirs of respondent No.1 and 2 by registered post acknowledgment and all other permissible modes of service in addition to regular mode of service.

2.

Stand over to 17.04.2025.

( ROHIT W. JOSHI, J ) Rushikesh/2025