Bhagwat Bhika Patil Died Lrs Mathurabai And Others v. Kasturabai Bhika Patil And Another

C.A.No.12141/2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO.12141 OF 2014 IN SECOND APPEAL NO.371 OF 2005 Bhagwat Bhika Patil since deceased through L.Rs.

Mathurabai and ors.

..Applicants

Versus

Kasturabai Bhika Patil and anr.

..Respondents Mr B.K.Pawar, Advocate h/f Mr A.B.Kale, Advocate for applicants Mr T.S.Lodhe, Advocate h/f Mr V.T.Choudhari, Advocate for respondents 1 and 2 CORAM : N.W. SAMBRE, J.

DATE : 27th February 2015 PER COURT 1.

This is an application for condonation of delay of 1718 days for filing the application for bringing legal representatives of appellant on record.

2.

The delay, according to applicants is caused in view of ignorance of pendency of the present proceedings and lack of knowledge of law. 3.

The application is objected by the respondents on the ground that no sufficient cause is shown for bringing legal representatives of appellant on record.

4.

Note is required to be taken of the fact that the second appeal is admitted by this Court on 17th March 2009 and same is pending for final hearing.

C.A.No.12141/2014 5.

No prejudice will be caused to the respondents, if the legal representatives of the appellant are brought on record. 6.

As such, for the reasons stated in the application and in the interest of justice, delay caused in moving the application for bringing legal representatives of appellant on record, stands granted subject to payment of costs of Rs.3,000/- (Rs.Three thousand) to be paid within four weeks from today to the respondents. Payment of costs is condition precedent. Appropriate amendment be carried out within four weeks. ( N.W. SAMBRE, J.) vvr