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Bombay High CourtCA/10804/2011disposed off

Krishnabai Shivaji Dinge And ORS v. Dnyanoba Vithal Kolhe Died Lrs Tukaram Dnyanoba Kolhe And ORS

2022-04-04Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

1 18CA10804.2011

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 10804 OF 2011 IN WRIT PETITION NO. 4404 OF 2001 Krishnabai w/o Shivaji Dinge & Ors.

...Applicants

Versus

Dnyanoba s/o Vithal Kolhe & Ors. ...Respondents .....

Shri. B. R. Sontakke Patil, Advocate for the applicants Shri. Vivekanand Deshmukh h/f Shri. M. B. Kolpe, Advocate for the respondent nos. 1A to 1D & 2A to 2F Shri. Kuldeep S. Patil h/f Shri. S. S. Choudhary, Advocate for respondent no. 4 Shri. K. D. Bade Patil, Advocate for respondent nos. 5 & 6 .....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : APRIL 4TH, 2022 PER COURT : - 1.

This is an application for bringing on record legal representatives of deceased respondent no. 3 - Madhukar Vasudeo Kolhe, who died on 01.09.2009. Photostat copy of the death certificate issued by Gram Panchayat, Havargaon, Taluka Kalamb, Dist. Osmanabad, is filed on record.

2.

Heard learned counsel for the applicants.

SG Punde, PA

2 18CA10804.2011 3.

In light of the fact that the matter is almost settled as submitted by the learned counsel for the applicants/petitioners on 23.03.2022, a formality of bringing legal representatives on record is required to be made. In view of the said fact, the delay of 717 days in filing the application is condoned by setting aside the abatement. The applicants are permitted to bring the legal representatives of deceased - respondent no. 3 on record within a week from today. 4.

Application stands disposed off in the aforesaid terms with no order as to costs.

[ PRITHVIRAJ K. CHAVAN ] JUDGE SG Punde, PA