Hanumant Kisan Nikam And ORS v. Tukaram Bhimaji Nikam

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.13086 OF 2015 IN WRIT PETITION NO.8758 OF 2013 HANUMANT KISAN NIKAM AND OTHERS APPLICANTS

VERSUS

TUKARAM BHIMAJI NIKAM RESPONDENT Mr.S.P.Shah h/f Mr.S.V.Natu, Advocate for the applicants. Mr.K.R.Doke, Advocate for the respondent.

( CORAM : RAVINDRA V. GHUGE, J.) DATE : 04/01/2016 PER COURT :

1.

The applicant prays for condonation of delay of 227 days in filing this civil application and for bringing the LR's of the deceased petitioner No.2 on record. It is stated that the delay is neither deliberate nor inordinate.

2.

Learned Advocate for the respondent opposes the application on the ground that the reasons cited are not satisfactory. Alternatively, he submits that if this application is allowed, costs may be imposed on the applicant and the same be deposited with the Advocate Associations' Bar Library, High Court, Aurangabad. khs/Jan.2016/13086-d

3.

In the light of the above, this application is allowed for the reasons set out in the application. Delay of 227 days is condoned subject to costs of Rs.1,000/- (Rs.One thousand only) to be deposited with the Advocate Associations' Bar Library, High Court, Aurangabad. within 3 weeks from today. After the costs are deposited, the applicants are permitted to bring the legal heirs of deceased petitioner No.2 on record within a period of 3 weeks. 4.

In the event of non-compliance of the above order, this order shall stand recalled and the civil application shall then stand rejected.

( RAVINDRA V. GHUGE, J.) khs/Jan.2016/13086-d