Dattu Maruti Khanwate L.Rs. Bhausaheb Dattu Khanwate And Others v. Ganpat Maruti Khanwate Lrs Laxman And Others

1 923 ca 10178-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 CIVIL APPLICATION NO. 10178 OF 2024 IN SA/281/2015 WITH CIVIL APPLICATION NO. 10179 OF 2024 IN SA/281/2015 DATTU MARUTI KHANWATE L.RS. BHAUSAHEB DATTU KHANWATE AND OTHERS

VERSUS

GANPAT MARUTI KHANWATE LRS LAXMAN AND OTHERS ...

Mr. Sanjay N. Gaikwad, Advocate for Applicants Mr. D. R. Markad h/f Mr. N. K. Kakade, Advocate for Respondents Nos.1a, 2 & 3 ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 25/09/2024.

P. C. :

A) ORDER IN CIVIL APPLICATION NO.10178 OF 2024 1.

Heard rival submissions.

2.

The applicants are seeking permission to bring themselves on record as legal representatives of sole appellant - Dattu Maruti Khanwate and appellant No.1/C- Mohan Dattu Khanwate, who admittedly died on 09/08/2019 and 23/12/2024 respectively by condoning the delay period of 1723 days and 491 days.

3.

Though the applicaction is strongly opposed, but considering the right to sue, the application is allowed in terms of pryer clauses-A & B

2 923 ca 10178-24 subject to cost of Rs.2,500/- to be paid to the Advocate's Bar Library, High Court, Aurangabad.

4.

The amendment be carried out within stipulated period after deposit of costs.

5.

The application is accordingly disposed of.

B) ORDER IN CIVIL APPLICATION NO.10179 OF 2024 1.

Heared.

2.

Issue notice to the proposed legal representatives of deceased respondents as mentioned therein, returnable to 09/10/2024. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-