Amolsing Bhagwansingh Rajput v. Motiramsingh Santramsing (Died Lrs) Shantabai And Others

2025:BHC-AUG:24955 28-CA.11081-23 & ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 28 CIVIL APPLICATION NO. 11081 OF 2023 IN SA/21/2021 AMOLSING BHAGWANSINGH RAJPUT

VERSUS

MOTIRAMSINGH SANTRAMSING (DIED LRS) SHANTABAI AND OTHERS WITH CIVIL APPLICATION NO. 8400 OF 2025 IN SA/21/2021 ...

Advocate for Applicant : Mr. Umesh Gite h/f Mr. Jadhav M. R. Advocate for respective Respondents : Mr. A. R. Ban h/f Mr. Ravindra V. Gore.

...

CORAM : SHAILESH P. BRAHME, J.

DATE : 16.09.2025 PER COURT :- 1.

Heard both sides.

2.

Applicants are seeking condonation of delay of 683 days in bringing legal heirs of respondent No.2 on record and delay of 395 days and bringing legal heirs of respondent No.4 on record. The pleadings have not been controverted. For the reasons stated in the application, I deem it appropriate to condone the delay.

28-CA.11081-23 & ors.odt 3.

Civil Application No.11081 of 2023 stands allowed in terms of prayer clauses "B" and "C". The cause of action survives against legal heirs of the deceased respondents. Civil Application No.8400 of 2025 4.

For the reasons stated in the application, I find that delay deserves to be condoned. The cause of action survives against legal heirs of the deceased respondent.

5.

Civil application is allowed in terms of prayer clauses "B" and "B1".

(SHAILESH P. BRAHME, J.) ...

vmk/-