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Bombay High CourtCA/1959/2025admittedallowedgrantedrule absolute

Hemant Reva Chaudhari Died Thr Lrs Smt. Leena H. Chaudhari And ORS v. Pradeepchand Lalchand Lunkad

2025-02-27Hon'Ble Shri Justice Sandipkumar C. More2 pages

935 CA 1959-2025

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 935 CIVIL APPLICATION NO. 1959 OF 2025 IN FIRST APPEAL NO. 298 OF 2017 HEMANT REVA CHAUDHARI DIED THROUGH L.RS. SMT. LEENA H. CHAUDHARI AND OTHERS

VERSUS

PRADEEPCHAND LALCHAND LUNKAD ...

Mr. Syed Azizoddin R. - Advocate for Applicants Mr. Jay S. Chavan h/f. Mr. D.B. Thoke - Advocate for Respondent ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 27.02.2025 PER COURT :

1.

Heard rival submissions.

2.

The applicants are seeking permission to bring on record, the legal representatives of appellant No.3 - Jayant Reva Chaudhari, who admittedly died on 18.10.2021, by condoning the delay of 471 days. Though the application is opposed by the learned Counsel for the respondents, but considering the right to sue, it stands allowed in terms of prayer clauses 'B' and 'C', subject to cost of Rs.1,000/- to be paid to other side within two weeks.

3.

The application is accordingly disposed of.

1/2

935 CA 1959-2025 4.

Necessary amendment be carried out within stipulated period after deposit of cost.

5.

List the First Appeal No.298 of 2017 on 13.03.2025. [ SANDIPKUMAR C. MORE ] JUDGE Pooja Kale 2/2