Khandu Nama Mehetre Lrs Maruti And Others v. Gayabai Maruti Awasare Lrs Sadashiv And Others

18-CA.127-18 & ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 18 CIVIL APPLICATION NO. 127 OF 2018 IN SAST/23178/2015 KHANDU NAMA MEHETRE LRS MARUTI AND OTHERS

VERSUS

GAYABAI MARUTI AWASARE LRS SADASHIV AND OTHERS WITH CIVIL APPLICATION NO. 3086 OF 2019 IN SAST/23178/2015 WITH CIVIL APPLICATION NO. 3088 OF 2019 IN SAST/23178/2015 ...

Advocate for Applicants : Mr. S. N. Gaikwad h/f Mr. Gaware Niteen V.

Advocate for respective Respondents : Mr. Tambe Rahul A. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 29.09.2025 PER COURT :- 1.

Civil Application No.127 of 2018 is for condonation of delay of ten (10) days in preferring second appeal. 2.

Respondent Nos.1E and 14 are unserved. The separate applications are filed for bringing legal heirs of respondent Nos.9 and 11 on record. The delay is of only ten days. The contesting parties have caused appearance except above respondents.

3.

For the reasons stated in the application, civil application No.127 of 2018 stands allowed in terms of prayer clause "A". Civil application is disposed of accordingly.

18-CA.127-18 & ors.odt Civil Application No.3086 of 2019 4.

Time is granted to take steps against respondent No.11. Civil Application No.3088 of 2019 5.

The proposed legal heirs of respondent No.9 are served. Application is for condonation of delay and setting aside abatement as against respondent No.9. Application has not been controverted by any of the respondents. Cause of action survives against heirs of respondent No.9. For the reasons stated in the application, civil application is allowed in terms of prayer clauses "A" and "B". Civil application is disposed of accordingly.

6.

Appellants are granted time of two (2) weeks to carry out the amendment. If amendment is not carried out, the appellants shall be liable to pay cost of Rs.20,000/-. (SHAILESH P. BRAHME, J.) ...

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