Sayanna Gangaram Warik And ANR v. Gangabai Maroti Warik And ORS

2024:BHC-AUG:10457 25 CA 5509-2009

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 25 CIVIL APPLICATION NO. 5509 OF 2009 IN SECOND APPEAL NO. 787 OF 2004 SAYANNA GANGARAM WARIK AND ANOTHER

VERSUS

GANGABAI MAROTI WARIK AND OTHERS ...

Mr. Shriram Deshmukh h/f. Mr. D.R. Deshmukh - Advocate for Applicants Mr. A.A. Puranik h/f. Mr. A.G. Godhamgaonkar - Advocate for Respondent Nos. 1 and 2 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 10th June, 2024 PER COURT :

1.

Heard rival submissions.

2.

The applicants are seeking permission to bring themselves on record in the appeal being the legal representatives of appellant No.1 - Sayanna Gangaram Warik, who admittedly died on 20.12.2002, by condoning the delay of 1992 days.

3.

Though the application is opposed strongly by the learned Counsel for the Non-application but considering the Pooja K.

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25 CA 5509-2009 right to sue, the application stands allowed in terms of prayer clause 'B', subject to cost of Rs.3,000/- (rupees Three Thousands only) to be paid to the Library, Advocates Association of High Court, Bombay, Bench at Aurangabad within two weeks.

4.

After deposit of cost, the application for bringing legal representatives of deceased appellant No. 1 - Sayanna Gangaram Warik be registered.

5.

The application is accordingly disposed of.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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