Anjali@Mangal Vitthal @Shashikant Bhujang And ORS v. Vimalbai Vithalrao Parnerkar, Died Thr. L.Rs. Padmaja @ Sunanda Daudkhane And ORS

1 13990.2011CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

27 CIVIL APPLICATION NO. 13990 OF 2011 IN SA/604/2007 WITH SA/12/2008 WITH CA/5492/2009 IN SA/12/2008 WITH CA/8578/2009 IN SA/604/2007 WITH CA/18105/2010 IN SA/604/2007 WITH CA/4199/2013 IN SA/604/2007 ANJALI@MANGAL VITTHAL @SHASHIKANT BHUJANG AND ORS ..Applicants

VERSUS

VIMALBAI VITHALRAO PARNERKAR, DIED THR.

L.RS. PADMAJA@ SUNANDA DAUDKHANE AND ORS ..Respondents ...

Ms. Revati Thorbole, Advocate, h/f. Shri P.R. Patil, Advocate for Applicants Shri S.P. Urgunde, Advocate for respondent no.1 ...

CORAM : P.R. BORA, J.

Dated: July 30, 2018 PER COURT :- 1.

The present application is filed for taking the legal heirs of the deceased respondent on record. Since some delay has occasioned in filing the application, the same is also sought to be condoned. Notices were issued to the proposed legal heirs of the deceased respondent. Initially, five persons were added as legal heirs of the deceased respondent, however name of the 5th legal heir namely Smt. Surekha Ramesh Gosavi came to be deleted. The other legal heirs are duly served. Respondent No.1 is represented by the Counsel. Others have not entered appearance in the matter. The delay of 104 days has caused in filing the application. The reasons are explained for occurrence

2 13990.2011CA.doc of delay. In the circumstances, I am inclined to allow the application. Hence, the following order.

ORDER

(i) Civil Application No.13990 of 2011 is allowed. (ii) The legal heirs as are mentioned in the application be taken on record. Necessary amendment be carried out within two wees. Delay caused of 104 days in filing the application is condoned. Abatement, if any, stands set aside. Civil Application (No.13990 of 2011) stands disposed of.

( P.R. BORA, J. ) ggp