Digambar Namdeo Bakhal Mahajan Lrs Zhamabai Digambar Mahajanand And Others v. Meghshyam Mitharam Mahajan And Others

(1) CA-7449.2019.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO.7449 OF 2019 IN WP/10240/2014 DIGAMBAR NAMDEO BAKHAL MAHAJAN LRS ZHAMABAI DIGAMBAR MAHAJANAND AND OTHERS

VERSUS

MEGHSHYAM MITHARAM MAHAJAN AND OTHERS ...

Mr. H.H. Padalkar, Advocate holding for Mr. S.P. Katneshwarkar, Advocate for the applicants. Ms. Sakshi Joshi, Advocate holding for Mr. S.S. Kulkarni, Advocate for respondent Nos. I to III. ...

CORAM :

Rohit B. Deo, J.

DATE :

3rd January 2020.

PER COURT :- .

No affdavit in response is fled.

2.

However, learned Counsel for the respondents is seriously opposing the application for condonation of delay in bringing on record legal heirs of deceased respondent No.1. She contends that a precipe was fled in the Registry pointing out that respondent No.1 died on 11th April 2016. 3.

Considering the controversy in the petition, it would be appropriate if the Petition is decided on merits. 4.

For the reasons stated in the application, the application is allowed and delay is condoned subject to

(2) CA-7449.2019.odt payment of cost of Rs. 1,000/- (Rupees One Thousand). 5.

Civil Application is disposed of accordingly. (ROHIT B. DEO, J.) VD_Dhirde