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Bombay High CourtCA/15541/2022disposed off

Prabhakar Shivshankarappa Tale Deceased Lrs Shakuntala And Others v. Maharudra Ganpatiappa Tale (Died) Shivshankarappa Tale L.Rs. Vaijinath Maharudra Tale And Others

2023-04-10Hon'Ble Shri Justice R. M. Joshi3 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15541 OF 2022 IN CIVIL APPLICATION NO. 9126 OF 2022 IN SECOND APPEAL NO. 218 OF 2018 Prabhakar Shivshankarappa Tale (Deceased through LRs) Applicants

Versus

Maharudra Ganpatiappa Tale (Deceased through LRs) & others Respondents Mr. M. S. Kulkarni, Advocate for the applicants. Mr. S. R. Bagal, Advocate for respondents No. 1 and 3. CORAM : R. M. JOSHI, J.

DATE :10th APRIL, 2023.

PER COURT :

1.

Learned counsel for applicants seeks leave to amend the application by incorporating number of days of delay. Leave granted. Amendment be carried out forthwith. 2.

This is an application for condonation of delay of 1520 days caused in bringing legal heirs of deceased respondent No. 1B on record. According to the applicants, deceased died on 11th May, 2018. According to them, they were not aware about the death of the deceased until notice in restoration application was issued to them.

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Inspite of service of notice to the proposed legal heirs of deceased respondent No. 1B, none appears for them. This indicates that they have no inclination to oppose the application. 4.

Perusal of application shows that delay is not deliberate. In the absence of any malafdes on the part of applicants, there is no reason for not condoning delay. Hence, application stands allowed in terms of prayer clauses 'A(i) and A(ii)'. Delay caused in fling the application stands condoned. Legal heirs of deceased respondent No. 1B be brought on record. Amendment be carried out accordingly. ( R. M. JOSHI) Judge dyb

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9126 OF 2022 IN SECOND APPEAL NO. 218 OF 2018 Prabhakar Shivshankarappa Tale (Deceased through LRs) Applicants

Versus

Maharudra Ganpatiappa Tale (Deceased through LRs) & others Respondents Mr. M. S. Kulkarni, Advocate for the applicants. Mr. S. R. Bagal, Advocate for respondents No. 1 and 3. CORAM : R. M. JOSHI, J.

DATE :10th APRIL, 2023.

PER COURT :

1.

Learned counsel Mr. Bagal waives service of notice on behalf of respondents No. 1 and 3.

2.

Issue notice to remaining respondents returnable on 5th June, 2023.

( R. M. JOSHI) Judge dyb