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Bombay High CourtCA/14679/2023admittedallowedgrantedrule absolute

Narayan Yeshwantrao Nile L.Rs. Laxman And ORS. v. Rangnath Died L.Rs Kamlakar Rangnath Ashtekar . And ORS.

2024-01-05Hon'Ble Shri Justice Sandipkumar C. More1 pages

2024:BHC-AUG:116 (1) 918 CA -14679.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CIVIL APPLICATION NO. 14679 OF 2023 IN SA/382/2002 NARAYAN YESHWANTRAO NILE L.RS. LAXMAN AND ORS.

VERSUS

RANGNATH DIED L.RS KAMLAKAR RANGNATH ASHTEKAR . AND OTHERS ...

Mr. D.R. Bhadekar, Advocate for the applicants. Mr. Vinod Patil, Advocate holding for Mr. H.V. Patil, Advocate for respondent No.1/8.

...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

5 January 2024 ORDER:- 1.

Heard rival submissions.

2.

The applicants/appellants are seeking permission to bring legal heirs of deceased appellant No.1 Narayan Yeshwantrao Nile on record, by condoning the delay of about 10 years. Admittedly, Narayan died on 19.11.2012. 3.

Though the learned Counsel holding for Mr. H.V. Patil objected on the ground of delay, but the appeal is yet to be heard on merit, and therefore, the legal representative of deceased appellant No.1 needs to be taken on record. In view of the same, the application stands allowed in terms of prayer clauses (B) and (C). The necessary amendment be carried out within stipulated period. The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde