Bapaasaheb Tatyaba Dhole, Died Thr. L.Rs. Madhukar And ORS v. Raosaheb Tatyaba Dhole Thr Lrs Vanchalabai Bhagwan Dhole And ORS

CA No. 6538/13

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD

932. CA/6538/2013 In SAST/20247/2005 WITH CA/12467/2005 In SAST/20247/2005 BAPAASAHEB TATYABA DHOLE, DIED THR. L.RS.

V/S RAOSAHEB TATYABA DHOLE THR LRS Ms. S.V. Salunke h/f. Mr. V.D. Salunke, Advocate for applicants. Mr. S.T. Shelke, Advocate for respondent Nos. 1A & 1B. CORAM : T.V. NALAWADE, J.

DATED : 1st September, 2015.

ORDER :

1.

The application is filed for bringing the legal heirs of deceased appellant No. 1 on record and also for condonation of delay caused in brining legal heirs of deceased respondent No. 7 on record and for permission to bring the legal heirs of deceased respondent No. 7 on record.

2.

As per the record, the application filed in respect of appellant No. 1 is filed in time. The delay of 275 day is caused in filing application for brining the legal heirs of deceased respondent No. 7. Notices to the proposed legal heirs of respondent No. 7 are duly served, but nobody has turned up. 3.

In view of the contents of the application and submissions made, the application is allowed. Legal heirs of

CA No. 6538/13 appellant No. 1 are to come on record in place of deceased appellant No. 1. Delay caused in bringing legal heirs of deceased respondent No. 7 on record is condoned. Permission is granted to bring the legal heirs of deceased respondent No. 7 on record. Amendment is to be carried out accordingly immediately. Notice in delay condonation application to legal heirs of deceased respondent No. 7 is to be issued which is made returnable on 6.10.2015.

[ T.V. NALAWADE, J. ] ssc/