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Bombay High CourtCA/15168/2015admittedallowedgrantedrule absolute

Babu Bhagwan Fate And Others v. Asaram Sakharam Fate Died Lrs Rambhau And Others

2024-01-30Hon'Ble Shri Justice R. M. Joshi1 pages

- 1 - ca15168.15.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15168 OF 2015 IN SECOND APPEAL NO. 323 OF 1997 Babu Bhagwan Fate & others .. Applicants

VERSUS

Asaram Sakharam Fate (Deceased through LRs) & others .. Respondents Mr. V. C. Solshe, Advocate for the applicants. Mr. C. V. Thombre, Advocate for Respondents No. 1/B-i to 1/B-iii. CORAM : R. M. JOSHI, J.

DATE : 30th JANUARY, 2024.

PER COURT :

1.

This is an application for condonation of delay and for bringing legal heirs of deceased respondent No. 1B Bajirao Fate on record.

2.

Appeal is already admitted. No malafides can be attributed to the appellant in not taking steps to bring legal heirs of deceased respondent on record in time. Interest of justice requires that the legal heirs of deceased respondent are added on record. Hence, application stands allowed in terms of prayer clauses 'B' to 'D'. Amendment be carried out within two weeks.

( R. M. JOSHI) Judge dyb