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Bombay High CourtCA/10986/2024admittedallowedgrantedrule absolute

Babasaheb Kisan Raut And Others v. Kisan Sahadu Raut Died Lrs. Mangal Dagdu Borude And Others

2025-03-03Hon'Ble Shri Justice S. G. Chapalgaonkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1510 OF 2025 IN CA/10986/2024 Babasaheb Kisan Raut And Others

VERSUS

Kisan Sahadu Raut Died Lrs. Mangal Dagdu Borude L.rs. Jayashri And Others ...

Mr. S. S. Jadhavar, Advocate for Applicant Mr. N. S. Shah, Advocate h/f Mr. K. N. Lokhande, Advocate for Respondent Nos. 1B and 1D in SA/86/2020.

Mr. G. J.Kame, Advocate and Mr. V. K. Mhaske, Advocate for Respondent No. 1A ...

WITH CIVIL APPLICATION NO. 10024 OF 2024 IN SAST/25927/2020 WITH CIVIL APPLICATION NO. 10805 OF 2022 IN SAST/25927/2020 WITH CIVIL APPLICATION NO. 10807 OF 2022 IN SAST/25927/2020 WITH CIVIL APPLICATION NO. 10986 OF 2024 IN SA/86/2020 WITH SECOND APPEAL NO. 86 OF 2020 WITH CIVIL APPLICATION NO. 2383 OF 2020 IN SA/86/2020 ...

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CORUM :

ROHIT W. JOSHI, J.

DATE :

3rd MARCH, 2025 PER COURT :

CIVIL APPLICATION NO. 10986 OF 2024 1.

This is an application for condonation of delay in bringing legal representatives of deceased Respondent No. 1A/Late. Smt. Mangal Dagdu Borude on record. The delay is explained by stating that since the relations were strained details of legal representatives were not known to the applicants. The manner in which the applicants derived knowledge about legal representatives is mentioned in detail in paragraphs 3 and 4 of the application. 2.

The learned counsel appearing for the proposed legal representatives is not in a position to deny the statement made in paragraphs 3 and 4 in the application. For the reasons mentioned in the application, the civil application is allowed by condoning the delay of 1349 days caused in filing application for bringing legal representatives of deceased Late. Smt. Mangal Dagdu Borude i.e. respondent No. 1A on record.

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3.

Applicant is permitted to incorporate the names of legal representatives of deceased Late. Smt. Mangal Dagdu Borude respondent No. 1A in the record of second appeal and other civil applications filed by them.

4.

Necessary amendment be carried out today itself i.e. on 03.03.2025.

5.

List the matter for further consideration on 12.03.2025. [ROHIT W. JOSHI] JUDGE KS_Kamble/ 3 of