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Bombay High CourtCA/10912/2018rejected at admission stage

Mahadeo Shankar Giri Died Thr. L.Rs. Kondabai, Died Thr. L.Rs. Shantabai And ORS v. Fulabai Madhav Puri Died Thr. L.Rs. Madhav (Deleted) And ORS

2018-08-29Hon'Ble Shri Justice V.L. Achliya1 pages

1 934-CA-10912-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 CIVIL APPLICATION NO. 10912 OF 2018 IN SAST/17828/2012 MAHADEO SHANKAR GIRI DIED THR. L.RS. KONDABAI, DIED THR. L.RS. SHANTABAI AND ORS

VERSUS

FULABAI MADHAV PURI DIED THR. L.RS. MADHAV (DELETED) AND ORS ...

Advocate for Applicants : Mr. B.R. Sontakke Adv. for Respondents No. 1C to 1E 2A, 2G, 2F, 2G & 2G : Mr. S.V. Chandole Advocate for Respondents No. 3B to 3E :

...

CORAM : V.L. ACHLIYA, J.

DATED : 29th AUGUST, 2018 ORDER :- 1.

This application is filed for addition of parties. 2.

In nutshell it is contention of the learned counsel for the applicants that there is likelihood that third party interest would be created by respondent No. 7, who is not party to the proceedings. 3.

Perusal of record reveals that Second Appeal is filed in the year 2016 along with application for condonation of delay. The application for condonation of delay is pending for disposal since last six years. No efforts have been made to serve respondents in the application for condonation of delay. For want of service, the said application is pending since last five years. Therefore, I am not inclined to entertain the application for addition of party as the appeal itself is not registered. The civil application rejected. Sd- ( V.L. ACHLIYA, J. ) MTK.