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Bombay High CourtCA/11298/2023admittedallowedgrantedrule absolute

Sumanbai Madhukar Anandkar (Died) Lrs Dashrath And Another v. Sonerao Bhagwan Hare L.Rs. Dr. Manohar Sonerao Hare And Others

2024-01-08Hon'Ble Shri Justice R. M. Joshi2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11298 OF 2023 IN SA/313/2019 WITH SECOND APPEAL NO. 313 OF 2019 SUMANBAI MADHUKAR ANANDKAR (DIED) LRS DASHRATH AND ANOTHER

VERSUS

SONERAO BHAGWAN HARE L.RS. DR. MANOHAR SONERAO HARE AND OTHERS Mr. P. B. Shirsath, Advocate for the applicants Mr. D. R. Jaybhar, Advocate for the respondent in SA 313/2019

CORAM

: R. M. JOSHI, J.

DATE : 8th JANUARY, 2024 P.C. :- 1.

Heard.

2.

Issue notice to the respondent, returnable forthwith. 3.

Mr. Jaybhar waives service of notice for proposed respondent i.e. legal heirs of sole respondent.

4.

This application is for condonation of delay of 86 days for bringing LR's on record.

5.

Learned counsel for the respondent opposed the application contending insufficient reason for the condonation of delay. 6.

Perusal of the application thus indicates that no malafides can be attributed to the appellant for not bringing LR's of deceased respondent on record in time. Having regard to the reasons mentioned in application, 20.ca11298.23.odt

application stands allowed in terms of prayer clauses B, C, and D. Amendment be carried out within a period to two weeks. 7.

Learned counsel for the respondent waives notice of LR's of respondent.

8.

List the appeal on 5th February, 2024.

(R. M. JOSHI, J.) ssp 20.ca11298.23.odt