Gunderao Hanumantrao Kulkarni Died Lrs. Ramrao Gunderao Kulkarni And Others v. Narsingrao Venkanna Nemaniwar Died Lrs. Gopkabai Narsingrao Nemaniwar And Others

36-CA-15718-2022 Pooja K.

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15718 OF 2022 IN SECOND APPEAL NO. 126 OF 2022 Gunderao Hanumantrao Kulkarni (died) Thr LRs Ramrao Gunderao Kulkarni and Ors.

... Applicants

Versus

Narsingrao Venkanna Nemaniwar (died) Thr LRs Gopkabai Narsingrao Nemaniwar and Ors. ... Respondents ...

Mr. V.S. Palsikar - Advocate for Applicants Mr. B.N. Gadegaonkar - Advocate for Respondent Nos.2A, 5A to 5E Mr. S.R. Bagal - Advocate for Respondent Nos.2C-A to 2C-C ....

CORAM : GAURI GODSE, J.

DATE : 16th January, 2023 PER COURT :

1.

This application is filed for bringing on record heirs and legal representatives of deceased respondent no.2C. 2.

Mr. S.R. Bagal - learned counsel appears and states that, he has instructions to appear on behalf of respondent nos.2C-A to 2C-C and he will file Vakaltnama within a period of two weeks from today.

3.

For the reasons stated in the application, application is allowed 1/2

36-CA-15718-2022 in terms of prayer clauses 'B', 'C' and 'D', which reads as under:

"B) The delay of 657 days may kindly be condoned in filing this civl application in the interest of justice. C) The deemed abatement may kindly be set aside. D) Applicants may kindly be permitted to bring the L.Rs. Of deceased respondent no. 2C i.e. 2C-A, 2C-B and 2C-C on record of the second appeal."

4.

Amendment to be carried out within two weeks from today. 5.

List the Second Appeal for admission on 14th February, 2023. [ GAURI GODSE ] JUDGE 2/2