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Bombay High CourtCA/11944/2024admittedallowedgrantedrule absolute

Sow. Kamal Raosaheb Shipalkar v. Shivaji Laxman Palaskar

2025-02-10Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2025:BHC-AUG:3794 (1) 30-ca-11944-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11944 OF 2024 IN SAST/22117/2023 SOW. KAMAL RAOSAHEB SHIPALKAR

VERSUS

SHIVAJI LAXMAN PALASKAR ...

Mr. Amol Karbhari Gawali, Advocate for Applicant. Mr. S. H. Tripati, Advocate for Respondent Nos.5, 11a to 11d. ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 10th FEBRUARY, 2025.

P.C.:- 1.

Heard the learned Advocate appearing for the respective parties.

2.

By this application, the applicant seeks to condone the delay of 84 days caused in filing the application for setting aside abatement and bringing legal heirs of deceased respondent no.11Arjun Bhimaji Apate on record of Second Appeal. 3.

The applicant further prays for grant of permission to bring on record legal heirs as stipulated in paragraph no.4 of the application.

4.

Having considered submissions advanced and stipulation in the application, case is made out to allow the application. Hence, following order:

ORDER

a.

Civil Application is allowed in terms of prayer Clauses (B) and (C).

(2) 30-ca-11944-2024.odt b.

Amendment to be carried out within a period of two weeks from today.

(S. G. CHAPALGAONKAR) JUDGE Devendra/February-2025