Chabubai Katore Lrs Shankar Baburao Katore v. Shankar Narayan Katore Lrs Kamlabai And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO.15333 OF 2015 IN SECOND APPEAL NO.393OF 2004 Smt. Chabubai Katore, Died L.Rs.

Mr. Shankar s/o Baburao Katore ...APPLICANT

VERSUS

Shankar s/o Narayan Katore, Died L.Rs.

Kamlabai w/o Shankar Katore & ors.

...RESPONDENTS .....

Shri R.F. Totla, Advocate for applicant Shri N.C. Garud, Advocate for R.No.1-a to 1-c Shri Y.B. Pathan, Advocate for proposed respondent .....

CORAM:

A.M. DHAVALE, J.

DATED :

29th October, 2018.

ORAL ORDER :

1.

The sole appellant has died on 4.10.2014. The application for bringing her legal representatives on record is filed on 21.9.2015. There is delay of 262 days. Though no specific grounds acceptable in law are pleaded for condoning the huge delay, it is submitted that the parties have settled the dispute and they want to record the settlement. The respondents - proposed legal representatives have no objection. The matter was in suspended animation. As it was admitted long back, the proposed appellants may not be aware of legal provisions. Considering the above, the application is allowed in terms of prayer clause (C). Amendment to be carried out within one week. ( A.M. DHAVALE ) JUDGE fmp/