Devendrakumar Atmaram Gajeshware v. Nathu Namdeo Mahajan And ORS

{1} ca5826.05.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5826 OF 2005 IN CIVIL APPLICATION ST. NO. 32664 OF 2004 IN WRIT PETITION NO. 4123 OF 2002 Devendrakumar Atmaram Gajeshwar Applicant

Versus

Nathu Namdeo Mahajan & others Respondents Mr. M.M. Bhokarikar, Advocate for the applicant. Mr. A.M. Gholap, Advocate for respondents no. 1,2,4 and 5. CORAM : M.S. KARNIK, J.

DATE : 9th August, 2019.

PER COURT :

1.

This is an application for condonation of delay of 164 days in filing the application and for bringing legal heirs of deceased respondent no. 4 on record.

2.

It is stated that respondent no. 4 expired in the month of July 2004. It is further stated that applicants no. 4A to 4F shown in the application are the legal heirs of respondent no. 4. 3.

Learned counsel for original respondent no. 4 submits that he has no yet received authority to appear on behalf of respondents no. 4A to 4F. Office note indicates that respondents no. 4A to 4F are served with notice.

4.

For the reasons mentioned in the application, application is allowed. Delay caused in filing the application is condoned. Legal

{2} ca5826.05.odt heirs of deceased respondent no. 4 are permitted to be brought on record. Necessary amendment be carried out within two weeks from today.

5.

Civil application stands disposed of.

( M.S. KARNIK, J. ) dyb/