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Bombay High CourtCA/9212/2023admittedallowedgrantedrule absolute

Gangadhar Gangaram Arsewad (Died) Lrs Madhavrao Lrs. Sarika Madhavrao Arsewad And Others v. Poshati Gangadhar Yemewad (Died) Lrs Laxmibai Lrs. Laxman L.Rs. Mogalabai Laxman Yemewd And Others

2023-07-28Hon'Ble Shri Justice Arun R. Pedneker1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 SECOND APPEAL NO.692 OF 2017 WITH CA/9212/2023 IN SA/692/2017 GANGADHAR GANGARAM ARSEWAD (DIED) LRS MADHAVRAO AND OTHERS

VERSUS

POSHATI GANGADHAR YEMEWAD (DIED) LRS LAXMIBAI AND OTHERS ...

Advocate for Appellants : Mr. S.S. Gangakhedkar Advocate for Respondent :Ms. Rakshanda R. Jaiswal ...

CORAM : ARUN R. PEDNEKER, J.

DATED : 28/07/2023 PER COURT :

1.

Civil Application No. 9212/2023 is filed for bringing the legal heirs of deceased respondent No. 1/2 on record and for condonation of delay. The learned advocate submits that the respondent No. 1/2 died on 7.10.2022. He submits that the applicant approached the concerned authority and sought death certificate of deceased respondent No. 1/2. As the applicant is not family member of deceased, the concerned authority has not issued certificate to the applicant. Therefore, delay of 201 days is caused in filing the above application. The learned counsel for respondent opposed the application.

2.

For the reasons stated in the application, Civil Application No. 9212/2023 is allowed. Delay is condoned. Amendment be carried out within a period of two weeks from today. The application is disposed of. 3.

In Civil Application St. No. 22886/2023 issue notice to the legal heirs of deceased, returnable on 8.9.2023.

[ARUN R. PEDNEKER J.] ssc/