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Bombay High CourtCA/6236/2015disposed offdismissed for default

Suresh Satyasen Shrisundar And Another v. Pandharinath Janku Gayke, L.Rs. Vithabai And Others

2015-10-23Hon'Ble Shri Justice V.K. Jadhav2 pages

ca6236.15 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 6236 OF 2015 IN WRIT PETITION NO. 5620 OF 2010 SURESH SATYASEN SHRISUNDAR AND ANOTHER

VERSUS

PANDHARINATH JANKU GAYKE, DIED THROUGH L.RS.

VITHABAI PANDHARINATH GAYKE AND OTHERS .....

Advocate for the applicants : Mr. L. V. Sangeet Advocate for respondent No. 2 : Mr. S. B. Bhapkar .....

CORAM : V. K. JADHAV, J.

DATED : 23rd OCTOBER, 2015 P.C. :- 1.

The applicants/original petitioners have filed this civil application for bringing on record the legal representatives of the sole respondent, which is delayed by 85 days. The learned counsel for the applicants submits that the applicants were not aware of the death of the sole respondent and in the month of August, the applicants came to know about his death. Immediately, the applicants applied for the death certificate and accordingly, filed application for bringing on record legal representatives of the deceased respondent belatedly.

2.

The learned counsel for respondent No. 2 has formally opposed the application.

ca6236.15 -23.

For the reasons stated in the application, delay of 85 days in filing the present application for bringing on record the legal representatives of the deceased respondent Pandharinath Janku Gayke, is hereby condoned. The civil application is allowed in terms of prayer clause "A"

4.

The civil application is accordingly disposed of. ( V. K. JADHAV, J.) ....

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