Ishwar Baliram Hude And ORS v. Dhondiram Narsingrao Biradar Thro. Lrs Phulabai And ORS

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2057 OF 2019 IN SA/466/1998 ISHWAR BALIRAM HUDE AND OTHERS

VERSUS

DHONDIRAM NARSINGRAO BIRADAR THRO. LRS PHULABAI AND OTHERS ...

Advocate for Applicants : Mr. V.G. Kodale h/f. Mr. V.D. Gunale CORAM : R.M. JOSHI, J.

DATE : 03rd May, 2023 PER COURT :

1.

None for the proposed LRs of deceased respondent no. 1, though served.

2.

For want of knowledge of the applicants about death of respondent no. 1, no steps could be taken to bring his LRs on record in time.

3.

It appears that no malafides can be attributed to the applicants in not bringing LRs of deceased respondent no. 1 on record within limitation. Absence of LRs of this respondent indicates that they are not inclined to oppose the application.

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4.

Hence, application stands allowed in terms of prayer clause 'b' and 'c'.

5.

Amendment be carried out within six weeks.

[ R.M. JOSHI, J. ] SPChauhan 2/2