Santoshkumar Baruvahan Bhosale And ORS. v. Chandraprakash Bhagwanrao Kulkarni And ORS.

(1) 25 CA-12647.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 25 CIVIL APPLICATION NO. 12647 OF 2023 IN SA/275/2003 WITH SECOND APPEAL NO. 275 OF 2003 SANTOSHKUMAR BARUVAHAN BHOSALE AND OTHERS

VERSUS

CHANDRAPRAKASH BHAGWANRAO KULKARNI AND OTHERS ...

Mr. S.S. Manale, Advocate for the applicants. Mr. V.V. Bhavthankar, Advocate for respondent No.1. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

12 AUGUST 2024.

ORDER:- 1.

Heard rival submissions.

2.

The applicants are seeking permission to bring on record legal representatives of deceased respondent No.7 Laxmikant Bhagwanrao Kulkarni, who admittedly died on 14.01.2019, by condoning the delay of 1614 days.

3.

The learned Counsel for respondent No.7 submits that though there are two death certificates on record showing the name of respondent No.7 as Laxmikant and Laxman respectively, but both these persons are same. He has also filed Vakalatnama for legal representatives of respondent No.7. 4.

Though there is delay, but considering the right to sue, the the application is allowed in terms of prayer clauses (B), (C)

(2) 25 CA-12647.2023.odt and (D) subject to cost of Rs. 2,500/- to be deposited with Registry of this Court for utilization of High Court Dispensary, Bench at Aurangabad within two weeks. Necessary amendment be carried out within stipulated period. The application is accordingly disposed of.

5.

List the Second Appeal to 26.08.2024.

(SANDIPKUMAR C. MORE, J.) VD_Dhirde