Bala Krishna Turkane Deceased Through Lrs. Ashok Bala Turkane v. Khandu Krushna Turkane Lrs. Nivrutti Khandu Turkane Died Lrs. Chndrakala Nivrutti Turkane And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 20 CIVIL APPLICATION NO.11946 OF 2021 IN SA/1182/2004 Bala Krishna Turkane (Deceased) Through LRs.

Ashok Bala Turkane .. Applicant

Versus

Khandu Krishna Turkane (Deceased) Thr. LRs. Nivrutti Khandu Turkane (Deceased) Thr. LRs. Chandrakala Nivrutti Turkane and Ors .. Respondents ...

Advocate for the Applicant : Mr. P.B. Shirsath Advocate for Respondent Nos.1A to 1D : Mr. Surendra V. Suryawanshi Advocate for Respondent No.2 : Mr. C.V. Korhalkar ...

CORAM : MANGESH S. PATIL, J.

DATE : 03-01-2022 PER COURT :

1.

This is an application for bringing on record the legal heirs of deceased respondent no.1 from the Second Appeal along with the prayer for condonation of delay of 1213 days. 2.

I have heard the learned Advocate for the appellant / applicant and learned Advocate for the proposed legal heirs.

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3.

The delay has been attributed to the lack of knowledge as the Second Appeal was also admitted and awaiting final hearing. It has also been pointed out that there was a communication gap between the applicant / appellant and the learned Advocate representing him, due to pandemic.

4.

Considering the nature of the dispute and all the aforementioned facts and circumstances, the Civil Application is allowed. The delay is condoned. The proposed legal heirs are allowed to be brought on record. Necessary amendment to be carried out within two weeks.

( MANGESH S. PATIL ) JUDGE ...

Gajanan