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Bombay High CourtCA/9646/2023disposed off

Pandharinath Dashrath Chavan And Another v. Murlidhar Kanhyalal Shrivastav Deceased Thr Lrs Nandu Murlidhar Shrivastav And Others

2024-03-22Hon'Ble Shri Justice Sandipkumar C. More3 pages

1 907 ca 9645-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 CIVIL APPLICATION NO. 9645 OF 2023 IN CRA/75/2018 WITH CRA NO. 77 OF 2018 WITH CRA NO. 76 OF 2018 WITH CRA NO. 71 OF 2018 WITH CRA NO. 73 OF 2018 WITH CIVIL APPLICATION NO. 9646 OF 2023 IN CRA/72/2018 WITH CIVIL APPLICATION NO. 9636 OF 2023 IN CRA/74/2018 PANDHARINATH DASHRATH CHAVAN AND ANOTHER

VERSUS

KADAR MAHBOOB MANSURI DECEASED THR LRS. YUSUF KADAR PINJARI AND OTHERS ...

Mr. Sanjay S. Dudhane h/f Mr. V. R. Dhorde, Advocate for Applicants Mr. B. B. Kulkarni, Advocate for Respondent No.1 (adv. In Cra/75/2018), Mr. V. S. Badakh, AGP for Respondent -State ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 22/03/2024.

2 907 ca 9645-23 P. C. :

A) ORDER IN CIVIL APPLICATION NO.9645 OF 2023 :- 1.

Heard rival submissions.

2.

The applicants are seeking permission to bring themselves on record in the civil revision application being the legal representatives of respondent No.1 - Quadar Maheboob Mansuri, who admittedly died on 12/01/2020, by condoning the delay of 1292 days.

3.

The learned counsel for respondent No.1 opposed the application on the ground that there is inordinate delay. However, considering the right to sue, the application stands allowed in terms of prayer clause-A and B subject to cost of Rs.2000/- to be paid to the Advocate Bar Library, High Court, Aurangabad. 4.

The amendment be carried out within stipulated period and after deposit of cost. Application is accordingly disposed of. B) ORDER IN CIVIL APPLICATION NO.9646 OF 2023 : - 1.

Heard rival submissions.

2.

The applicants are seeking permission to bring themselves on record in the civil revision application being the legal representatives of respondent No.1 - Murlidhar Kanhyalal Shrivastav, who admittedly died on 22/04/2022, by condoning the delay of 373 days.

3.

The learned counsel for respondent No.1 opposed the application on the ground that there is inordinate delay. However, considering the right to sue, the application stands allowed in

3 907 ca 9645-23 terms of prayer clause-A and B subject to cost of Rs.1000/- to be paid to the Advocate Bar Library, High Court, Aurangabad. 4.

The amendment be carried out within stipulated period and after deposit of cost. Application is accordingly disposed of. C) ORDER IN CIVIL APPLICATION NO.9636 OF 2023 :- 1.

Heard rival submissions.

2.

The applicants are seeking permission to bring themselves on record in the civil revision application being the legal representatives of respondent No.1 - Kamar Razaq Shaikh, who admittedly died on 03/04/2021, by condoning the delay of 735 days.

3.

The learned counsel for respondent No.1 opposed the application on the ground that there is inordinate delay. However, considering the right to sue, the application stands allowed in terms of prayer clause-A and B subject to cost of Rs.1000/- to be paid to the Advocate Bar Library, High Court, Aurangabad. 4.

The amendment be carried out within stipulated period and after deposit of cost. Application is accordingly disposed of. 5.

List other connected matters on 05/04/2024.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-