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Bombay High CourtCA/9803/2017admittedallowedgrantedrule absolute

Babulal Bandubhai Shaikh And Another v. Samabai Keru Sonawane(Died)L.Rs.Keru And ORS

2017-09-01Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 918ca9803o17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9803 OF 2017 IN SA/165/1998 BABULAL BANDUBHAI SHAIKH AND ANOTHER

VERSUS

SAMABAI KERU SONAWANE(DIED)L.RS.KERU AND ORS ...

Advocate for Applicants : Shri Jagtap Adinath B.. Advocate for Respondents 1 to 3 : Shri S.R.Zambre h/f Shri N.B.Narwade. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 01st September, 2017 Per Court:

The Applicant prays that the legal heirs of the deceased Respondent No.1-D be taken on record after condoning the delay of 872 days and recalling the order of abatement.

Learned Advocate appearing on behalf of the Respondents opposes the Civil Application. In the alternative, he submits that costs may be imposed and the said amount be donated to the Advocates Association's Bar Library, High Court, Aurangabad. Considering the above and for the reasons set out in the Civil Application, the same is allowed. The Applicants shall deposit the total costs of Rs.2000/- (Rupees Two Thousand) with the Advocates Association's Bar Library, High Court, Aurangabad within FOUR WEEKS

*2* 918ca9803o17 from today. After producing the receipt of deposit, the Applicants shall be permitted to bring the legal heirs of the deceased Respondent No.1-D on record and the order of abatement shall stand set aside. kps (RAVINDRA V. GHUGE, J.)