Shantabai Ramratan Shrivastav And ORS v. Shankar Jaikisan Wadgaonkar And ORS

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.13509 OF 2012 IN SECOND APPEAL NO.1238 OF 2005 SHANTABAI RAMRATAN SHRIVASTAV AND OTHERS APPLICANTS

VERSUS

SHANKAR JAIKISHAN WADGAONKAR AND OTHERS RESPONDENTS Mr.P.P.Dawalkar, Advocate for the applicants. Mr.L.V.Sangit h/f Mr.V.J.Dixit, Advocate for respondent Nos.2 to 5. ( CORAM : RAVINDRA V. GHUGE, J.) DATE : 17/04/2015 PER COURT :

1.

The applicants have filed this application with reference to the passing away of applicant No.5 namely Kamalabai Chagan. It is submitted that the legal heirs of the deceased Kamalabai are already on record in the second appeal in the form of appellant Nos. 7 to 9. As such, it is submitted that this application is filed only to indicate that the legal heirs are already on record.

2.

Delay of 2085 days is of a technical character and can therefore be condoned.

khs/April 2015/13509-12 (d)

3.

Mr.Sangit, learned Advocate on behalf of respondent Nos. 2 to 5 submits that the respondents have no objection in the light of the statement made by the applicants.

4.

As such, this application is allowed and the delay is condoned. Appellant Nos.7 to 9 shall be treated as the legal heirs of deceased appellant No.5 Kamalabai.

( RAVINDRA V. GHUGE, J.) khs/April 2015/13509-12 (d)