Dnyandeo Bhagwan Ingale And Another v. Uttreshwar Bhagwan Ingale And Others

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CIVIL APPLICATION NO. 82 OF 2014 IN SA/99/2013 DNYANDEO BHAGWAN INGALE AND ANOTHER

VERSUS

UTTRESHWAR BHAGWAN INGALE AND OTHERS ...

Advocate for Applicants : Mr. Wakure Sanjay A. Advocate for Respondent Nos.1 & 3: D.A.Madekar, Advocate h/f Mr. S. Y. Mahajan.

Advocate for Respondent No.4 to 6: Mr. S. Y. Patil. *** CORAM: T. V. NALAWADE, J.

DATED: 3rd SEPTEMBER, 2015.

PER COURT:

1.

The application is filed for condonation of delay of 1984 days caused in bringing legal representatives of deceased Respondent No2 on record. Both the sides are heard.

2.

The submissions made and the record show that the Respondent Shalan Ingale was dead during pendency of first Appeal No.224 of 2006 and after her death the appeal came to be decided on 29th August,

-:(2):- 2012. It appears that only after receipt of report of Serving Officer present appellant realised that the present Respondent No.2 was dead. In view of this circumstance, the application is allowed. Delay is condoned.

Permission is given to bring legal representatives of deceased Respondent No.2 on record. The effect of aforesaid circumstance will be considered during final hearing of the appeal itself. Amendment to be carried out immediately.

3.

Notice to the legal representatives. Learned counsel appearing for Respondent Nos.2A and 2B waives service.

[T. V. NALAWADE, J.] Dt.03/09/2015 ans/82