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Bombay High CourtCA/12523/2023admittedallowedgrantedrule absolute

Amriksing Balwantsing Gawali L.Rs. Ekbalsing Balwantsing Gawali v. Muralidhar Shankarrao Channe Lrs. Jijabai Muralidhar Chandane And Others

2024-01-18Hon'Ble Shri Justice R. M. Joshi2 pages

2024:BHC-AUG:1070 910-CA-12523-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12523 OF 2023 WITH SA/482/2007 Amriksing Balwantsing Gawali And Anr ....Appellant

VERSUS

Muralidhar Shankarrao Channe .....Respondent .....

Mr. K. A. Jahagirdar h/f Ms. Dipali Ansingkar, Advocate for Appellant Mr. R. R. Kale h/f Mr. S B Bhosale, Advocate for Respondents ...

CORAM

: R.M. JOSHI, J DATE : JANUARY 18, 2024 PER COURT :

1.

This application is for condonation of delay of 112 days in bringing LR's of deceased Appellant No. 1 on record.

2.

Appellant No. 1 is died on 18.01.2023.

According to the heirs of Appellant No. 1 for want of knowledge of the status of the present case, LR's were not brought on record in time.

3.

Learned Counsel for Respondents opposed the application.

910-CA-12523-2023.odt 4.

Perusal of the application shows that no mala fides can be attributed to the present applicants in causing delay and bringing LR's of deceased Appellant No. 1 on record in time. Hence, application is allowed in terms of prayer clauses 'B' and 'C'. Amendment to be carried out within a period of two weeks.

(R. M. JOSHI, J.) Malani