Dattoba Jaiwant Kale (Died) Lrs Bhamabai And Others v. Suresh Baburao Zalke And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14733 OF 2013 IN SECOND APPEAL ST. NO. 8552 OF 2010 Dattoba Jaiwant Kale (Deceased through LRs) Applicants

Versus

Suresh s/o Bburao Zalke & others Respondents Mr. M. M. J. Baig, Advocate holding for Mr. S. B. Ghute, Advocate for the applicants.

CORAM : R. M. JOSHI, J.

DATE : 27th MARCH, 2023.

PER COURT :

1.

This application is for condonation of delay of 1966 days caused in bringing legal heirs of deceased respondent No. 3 on record and for setting aside abatement.

2.

Respondents are duly served but failed to appear to resist the application. This indicates that these respondents are not inclined to oppose the application.

3.

Applicants have specifcally stated the reason for not taking steps to bring legal heirs of deceased respondent No. 3 on

- 2 - ca14733.13.odt record. This Court fnds that no malafdes can be attributed to the applicants for causing delay in bringing legal heirs of deceased respondent No. 3 on record. For the reasons mentioned in the application, the same is allowed in terms of prayer clauses 'A' and 'B'. amendment be carried out within a period of two weeks. 4.

On carrying out amendment, issue notice to the legal heirs of deceased respondent No. 3 returnable four weeks thereafter. ( R. M. JOSHI) Judge dyb