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Bombay High CourtCA/9462/2023admittedallowedgrantedrule absolute

Shivaji Bajirao Shinde v. Bhgwat Rama Bellale Lrs. Krushnatai And Others

2023-12-08Hon'Ble Shri Justice Kishore C. Sant2 pages

2023:BHC-AUG:25644 {1} 24-CA-9462-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.9462 OF 2023 IN SA/1025/2004 WITH SA/1025/2004 SHIVAJI BAJIRAO SHINDE

VERSUS

BHGWAT RAMA BELLALE LRS. KRUSHNATAI AND OTHERS ...

Advocate for Applicant : Mr. V.G. Kodale .......

CORAM : KISHORE C. SANT, J.

DATE : 8th DECEMBER, 2023 PER COURT:

1.

Heard.

2.

This application is filed for bringing on record legal representatives of deceased respondent No. 1- Bhagwat Rama Bellale. It is submitted that though sole respondent died on 16.11.2018, no intimation was given to the appellant. Appellant could not get knowledge of the same. Appellant received knowledge of the same in May-2023. It is submitted that thus applicant could not filed the application for want of knowledge and there is delay of 1621 days.

3.

For the reasons recorded in the application, this Court finds that delay needs to be condoned.

Bhagyawant Punde

{2} 24-CA-9462-2023 4.

Civil application stands allowed. Delay stands condoned.

5.

Legal heirs of deceased- Bhagwat Rama Bellale be shown as shown in para 5 of the application. Appellant to correct title clause of the appeal within two weeks from today. 6.

Application stands disposed of.

[KISHORE C. SANT, J.] Bhagyawant Punde