Kamal Bhausaheb Khalkar And Others v. Vitthal Bala Khalkar Lrs Balasaheb And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14908 OF 2015 iN SECOND APPEAL NO. 453 OF 1993 WITH CIVIL APPLICATION NO. 4499 OF 1993 IN SA/453/1993 KAMAL BHAUSAHEB KHALKAR AND OTHERS

VERSUS

VITHAL BALA KHELKAR LRS BALASAHEB AND OTHERS Mr. V. R. Dhorde, Advocate for the appellant Mr. S. T. Shelke, Advocatef or the respondent No.1

CORAM

: R. M. JOSHI, J.

DATE : 11th JANUARY, 2024 P.C. :- 1.

This application for condonation of delay of 1523 days and for bringing LR's of deceased original appellant. Though the other legal heirs of deceased appellant are brought on record present applicants were excluded therefrom. Undisputedly present applicants are widow and children of Bhausaheb who son of original appellant Vitthal. There are no malafides for bringing LR's on record beyond time. There is no reason or justification to refuse their request for joining themselves as legal representatives of appellant Vitthal. 2.

All other contentions sought to be raised by Advocate for other appellants are kept open for consideration at relevant stage. 3.

In the interest of justice, application stands allowed in terms of prayer clauses 'A' and 'B'. Amendment to be carried out within two weeks from today. (R. M. JOSHI, J.) ssp 921.sa453.19.odt