Nagnath Sopan Gade L.Rs. Suman And Others v. Hanumantdas Hiralal Mundada

922 CA 15129-2019

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 922 CIVIL APPLICATION NO. 15129 OF 2019 IN REJECTED CASE NO. 101 OF 2015 WITH CIVIL APPLICATION NO. 11677 OF 2024 IN CA/15129/2019 NAGNATH SOPAN GADE

VERSUS

HANUMANTDAS HIRALAL MUNDADA ...

Mr. S.B. Solanke - Advocate for Applicant Mr. Anand Dale h/f. Mr. S.S. Rathi - Advocate for sole Respondent ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 24th October, 2024 PER COURT :

CIVIL APPLICATION NO. 11677 OF 2024 1.

Heard rival submissions.

2.

The application is filed for bringing legal representatives of deceased sole applicant - Nagnath Sopan Gade in Civil Application No.15129 of 2019, who admittedly died on 14.05.2021 by condoning the delay of 1161 days. The application is strongly opposed on the ground that, there were concurrent findings against the deceased applicant by both the learned Courts below. It appears that, the sole applicant had not taken diligent steps to get the order learned Pooja Kale 1/2

922 CA 15129-2019 Registrar for refusing registration of Second Appeal, set aside. Therefore, considering this aspect the application stands allowed in terms of prayer clauses 'B' and 'C' subject to deposit of cost of Rs.5,000/- (rupees Five Thousands only) to be paid to the Library, Advocates Association of High Court, Bombay, Bench at Aurangabad.

3.

The application is disposed of accordingly.

4.

The amendment be carried out after deposit cost within stipulated period.

5.

List the Civil Application No. 15129 of 2019 on 21st November, 2024.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja Kale 2/2