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Bombay High CourtCA/12231/2017admittedallowedgrantedrule absolute

Bhagirath Ramprasad Charkha v. Papalals Balkrishna Chandak (Died) Lrs Ashok And Another

2018-01-12Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 930ca12231o17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12231 OF 2017 IN SA/420/2017 BHAGIRATH RAMPRASAD CHARKHA

VERSUS

PAPALAL BALKRISHNA CHANDAK (DIED) LRS ASHOK AND ANOTHER ...

Advocate for the Applicant : Shri Ajinkya Kale. Advocate for the Respondents : Shri Bhandari Anand P.. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 12th January, 2018 Per Court:

The Applicant prays for condonation of delay of 224 days caused in filing this Civil Application for bringing the legal heirs of the deceased sole Respondent on record.

The learned Advocate for the Respondents strenuously opposed the application. In the alternative, it is submitted that heavy costs may be imposed and the said amount be donated to the Advocates Association of Bombay High Court, Bench at Aurangabad. Considering the above and for the reasons set out in the Civil Application, the same is allowed and delay is condoned on the following conditions:- (a) The Applicant shall deposit an amount of Rs.1000/- (Rupees

*2* 930ca12231o17 One Thousand) with the Advocates Association of Bombay High Court, Bench at Aurangabad on or before 02.02.2018. (b) After depositing the above amount, the Applicant/ Appellant shall bring the legal heirs of the deceased sole Respondent on record on or before 09.02.2018.

(c) After compliance of these directions, list the Second Appeal for admission on 12.02.2018.

(d) If either of the above directions are not complied with, this Civil Application shall stand rejected.

kps (RAVINDRA V. GHUGE, J.)