Bhaurao Bhagoji Korde L.Rs. Yamunabai Bhaurao Korde And Others v. Asaram Dhondiram Dahale L.Rs. Dnyaneshwar And Another.

1 42-CA 10812-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10812 OF 2023 IN SA/262/1996 Bhaurao Bhaguji Korde Deceased through legal heirs Yamunabai Bhaurao Korde and others .. Applicants

Versus

Asaram Dhondiram Dahale Died through legal heirs Dnyaneshwar Asaram Dahale and others .. Respondents Mr. D. R. Markad, Advocate h/f Mr. N. K. Kakade, Advocate for the Applicants.

Smt. S. T. Jadhav, Advocate h/f Mr. P. D. Suryawanshi, Advocate for Respondent Nos. 1A to 1C, 2.

CORAM : KISHORE C. SANT, J.

DATED : 13th OCTOBER, 2023.

P. C. :- .

Heard the parties.

2.

This application is filed for bringing legal heirs of deceased respondent No. 2 - Krushna Dhondiram Dahale on record who died during the pendency of the appeal. There is delay of 23 days caused in filing the application. It is stated in the application that, immediately on receiving the information the application is filed.

2 42-CA 10812-2023.odt 3.

The application to the extent of delay is opposed by the learned advocate for respondents.

4.

However, for the reasons stated in the application and that the delay is only of 23 days and also the fact that the appeal is already admitted, the civil application needs to be allowed. 5.

The civil application is allowed. Delay stands condoned. 6.

The appellant in second appeal to correct the title clause within a period of two (02) weeks from today.

7.

The civil application is disposed off.

( KISHORE C. SANT, J. ) P.S.B.