Sopan Narsing Gaikwad L.Rs. Madhukar Sopan Gaikwad And Othersand Ano v. Gyanoba Bhimrao Shinde L.Rs. Digambar Gyanoba Shinde And ORS

(1) 21 CA-10332.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 21 CIVIL APPLICATION NO. 10332 OF 2024 IN SA/107/1988 WITH CIVIL APPLICATION NO. 10334 OF 2024 IN SA/107/1988 WITH SECOND APPEAL NO. 107 OF 1988 SOPAN NARSINGA GAIKWAD (DIED) THROUGH LRS MADUKAR SOPAN GAIKWAD AND ANOTHER

VERSUS

GYANOBA BHIMRAO SHINDE AND OTHERS ...

Mr. A.K. Tiwari, Advocate for the applicants. Mr. Ashwinin Deshmukh, Advocate holding for Mr Devang Deshmukh, Advocate for respondent No. 1/1.

...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

23 SEPTEMBER 2024 ORDER:- 1.

Heard rival submissions.

2.

Civil Application No. 10332 of 2024 is for seeking permission to bring the applicants therein on record being legal representatives of original appellant Nos.1 and 2 namely Sopan Gaikwad and Nivrutti Gaikwad, who admittedly died on 23.06.2020 and 19.02.2016 respectively. Further, the son of Nivrutti by name Chandrakant, who is present appellant No. 2.4, has also died on 15.07.2019. There is huge delay of 1425 and 3011 days respectively. Though the application is opposed,

(2) 21 CA-10332.2024.odt but considering the fact that the present applicants were brought on record during pendency of SLP before the Hon'ble Apex Court, the application is allowed in terms of prayer clauses (B) & (C). Necessary amendment be carried out within stipulated period. The application is accordingly disposed of. 3.

List the other matters to 07.10.2024.

(SANDIPKUMAR C. MORE, J.) VD_Dhirde