Vitthal Waman Mukhede Died Lr Shivraj Vitthal Mukhede And Another v. The Maharashtra State Road Transport Corporation Latur

fa25-2001

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 25 OF 2001 (Vithal Wamanrao Vs. M.S.R.T.C.) WITH C.A. NO. 2272/2015 IN F.A. NO. 25/2001 (Vithal Waman Mukhede since deceased through L.Rs. Shivraj Vithal Mukhede and another Vs. M.S.R.T.C.) ---- Mr. Amol S. Gandhi, Advocate for the appellant/applicants Mr. M.K. Goyanka, Advocate for respondent No.1 ---- CORAM : M.T. JOSHI, J.

DATE : 11/03/2015 ORAL ORDER :

1.

Heard both sides.

2.

Mr. Amol S. Gandhi, learned counsel for the appellant/applicants relies on the ratio laid down in the case of "Sampati Lal Vs. Hari Singh", reported in AIR (RAJ) 1985-0-174.

3.

In the circumstances, keeping open the issue as to the loss of estate, the delay caused in filing the present application (C.A. No. 2272/2015) for bringing the legal representatives of deceased appellant on

fa25-2001 record is hereby condoned and the said civil application is allowed. The legal representatives be brought on record of first appeal within a period of two weeks. Thereafter, the first appeal be fixed for final hearing. 4.

Civil Application No. 2272/2015 stands allowed and disposed of accordingly.

[M.T. JOSHI] JUDGE npj/fa25-2001