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Bombay High CourtCA/14875/2022admittedallowedgrantedrule absolute

Harbhajan Maruti Mane v. Gundu Sambha Bhosale And ORS.

2024-08-09Hon'Ble Shri Justice Sandipkumar C. More2 pages

1 928 ca 14875-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO. 14875 OF 2022 IN SAST/28535/2022 WITH CIVIL APPLICATION NO. 14876 OF 2022 IN SAST/28535/2022 HARBHAJAN MARUTI MANE

VERSUS

GUNDU SAMBHA BHOSALE AND ORS.

...

Mr. Humbe Vilas M., Advocate for Applicant Mr. M. L. Dharashive, Advocate for Respondent Nos.1 to 3 & 5 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 09/08/2024.

P. C. :

1.

The learned counsel for the applicant, has already submitted a pursis dated 05/08/2024 mentioning that respondent No.4 Sambhaji Bhosale has died on 07/11/2017 leaving behind the legal representatives, who are already on record being respondent Nos.1 to 3 & 5. As such, respondent No.4 be mentioned as since deceased.

2.

Amendment be carried out forthwith.

A) ORDER IN CIVIL APPLICATION NO.14875 OF 2022 :- 1.

Leave to correct the delay period in prayer clause-B.

2 928 ca 14875-22 2.

Heard rival submissions.

3.

Civil Application No.14875 of 2022 is filed by the applicant / appellant seeking condonation of delay of 120 days in filing second appeal.

4.

Though the the application is opposed, but considering short period of delay, the application stands allowed in terms of prayer clause-B subject to cost of Rs.500/- to be paid to the Registry, High Court, Aurangabad for utilization of Dispensary, High Court Aurangabad.

5.

Civil Application No.14875 of 2022 is accordingly disposed of. 6.

List Civil Application No.14876 of 2022 on 30/08/2024. 7.

Interim relief granted earlier, to continue till then. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-