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Bombay High CourtCA/13818/2018disposed offdismissed for default

Ganpat Shamrao Bhosale v. Subrao Udhav Bhosale (Died) Lrs Padmin And Others

2019-08-02Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

1050-ca-13818-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1050 CIVIL APPLICATION NO.13818 OF 2018 IN SA/410/2017 GANPAT SHAMRAO BHOSALE

VERSUS

SUBRAO UDHAV BHOSALE (DIED) LRS PADMIN AND OTHERS ...

Advocate for Applicant : Mr. Murge Estling S Advocate for Respondent Nos.1-A & 1-B : Mr. S.S. Choudhary ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 2nd AUGUST, 2019.

ORDER :

.

Present application has been filed for getting the delay of 289 days condoned in bringing the legal representatives of respondent No.1 as well as respondent No.2 on record. The application has been strongly objected stating that there is no proper explanation given for the delay.

2.

Though the objection has been raised by the learned Advocate for respondents, yet it is to be noted that there was no compliance of Order 22 Rule 10 of CPC and that is a good ground to condone the delay. Another fact to be noted is that the applicant is an agriculturist, coming from rural area, leniency is shown, delay stands condoned.

1050-ca-13818-18.doc 3.

Civil Application stands allowed in terms of prayer clause 'B' and 'C'.

4.

Necessary amendment to be carried out on or before 16.08.2019 in the appeal memo by the applicant. 5.

Civil Application stands disposed of accordingly. ( Smt. Vibha Kankanwadi, J. ) Shubham/