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Bombay High CourtCA/10621/2024admittedallowedgrantedrule absolute

Kachru Rama Kolhe And Another v. Sakharam Vithoba Kolhe (Died) Lrs. Smt. Tulsabai Sakharam Kolhe And ORS.

2024-10-03Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 917- SA-58-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 SECOND APPEAL NO. 58 OF 2023 WITH CIVIL APPLICATION NO. 10621 OF 2024 IN SA/58/2023 WITH CIVIL APPLICATION NO. 1945 OF 2023 IN SA/58/2023 KACHRU RAMA KOLHE AND ANOTHER

VERSUS

SAKHARAM VITHOBA KOLHE (DIED) LRS. SMT. TULSABAI SAKHARAM KOLHE AND ORS.

...

Advocate for AppellantS : Mr. A. B. Dhongade Advocate for R/1/1 to R/1/6 and R/2 to R/6, R/8 : Mr. K.G.Gaikwad ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : October 03, 2024 ORDER:- IN CIVIL APPLICATION NO. 10621 OF 2024 1.

Heard rival submissions, 2.

The application is filed for bringing legal representatives of deceased respondent No.7 Laxman Vithoba Kolhe, who admittedly died on 6.12.2017 by condoning the delay of 2389 days. Though the application is strongly opposed, but considering the right to sue, the application stands allowed in terms of prayer clauses (B) and (D) subject to cost of Rs. 3500/- (Rupees Three Thousand Five Hundred) to be paid to

(2) 917- SA-58-23.odt the Library, Advocates Association of High Court Bombay, at Aurangabad. Amendment be carried out after deposit of cost within stipulated period. The application is disposed of. 3.

List the other matter to 17.10.2024.

(SANDIPKUMAR C. MORE, J.) Y.S. Kulkarni