Laxman Rama Bhore Died Lrs Smt. Rakhmabai (Died) And ORS v. Rajaram Shankar Phopse And ORS

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 9 CIVIL APPLICATION NO. 71 OF 2022 IN SA/417/2016 WITH CIVIL APPLICATION NO. 11275 OF 2018 IN SA/417/2016 WITH CIVIL APPLICATION NO. 11276 OF 2018 IN SA/417/2016 WITH CIVIL APPLICATION NO. 11274 OF 2018 IN SA/417/2016 LAXMAN RAMA BHORE DIED LRS SMT. RAKHMABAI DIED NANDU AND ORS ....Applicants

VERSUS

RAJARAM SHANKAR PHOPSE AND ORS .....Respondents .....

Advocate for Applicant : Mr. Yogesh R. Shinde, h.f Mr. R.R. Karpe Advocate for Respondent Nos.1,2 and 5 : Mr. C.K. Shinde ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : October 14, 2024 ORDER:- IN CIVIL APPLICATION NO. 71 OF 2022 1.

Heard rival submissions.

2.

The application is filed for bringing legal representatives of deceased appellant No.2 Kashinath Ramma Bhore, who admittedly died on 27.01.2021. The application is within time

(2) and hence stands allowed in terms of prayer clause (B) and disposed of. Amendment be carried out within stipulated period. Stand over to 11.11.2024.

IN CIVIL APPLICATION NO. 11275 OF 2018 3.

Heard rival submissions.

4.

The application is filed for bringing legal representatives of deceased appellant No.4 Rambhabai Dara Amolik, who admitted died on 05.03.2017, by condoning the delay of 447 days. Though the application is opposed, but considering the right to sue it stands allowed int terms of prayer clause (B) & (C) subject to cost of Rs. 1000/- to be paid to the Library, Advocates Association of High Court Bombay, at Aurangabad. 5.

Amendment be carried out within stipulated period after deposit of cost. Application stands disposed of. IN CIVIL APPLICATION NO. 11276 OF 2018 6.

Heard.

7.

Issue notice to proposed legal representatives of deceased respondent No.3, returnable on 11.11.2024.

IN CIVIL APPLICATION NO. 11274 OF 2018 8.

Heard rival submissions.

9.

The application is filed for bringing legal representatives of deceased appellant No.1C Indubai Anna Amolik, who

(3) admittedly died on 3.4.2011, by condoning the delay of 2607 days. Though the application is opposed, but considering the right to sue, it stands allowed in terms of prayer clause (B) & (C) subject to cost of Rs. 4000/- to be paid to the Library, Advocates Association of High Court Bombay, at Aurangabad. 10.

Amendment be carried out within stipulated period after deposit of cost. Application stands disposed of. (SANDIPKUMAR C. MORE, J.) Y.S. Kulkarni