Pandharinath Pandurang Thorat Since Deceased Thr His Lrs Ramesh Pandharinath Thorat And Others v. Bhausaheb Genuji Jagtap Since Deceased Thr His Lrs Vacchalabai Bhausaheb Jagtap And ORS

CA 6128/15 in FA 474/04 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.6128/2015 IN FIRST APPEAL NO.474/2004 Pandharinath Pandurang Thorat, since deceased through L.Rs.

...Applicants..

Versus

Bhausaheb Genuji Jagtap, since deceased, through L.Rs. & others.

...Respondents...

.....

Shri V.R. Dhorde, Advocate for applicants.

Shri R.H. Wagh, Advocate h/f Shri B.N. Wagh, Advocate for respondent nos.2 to 4.

Shri D.P. Deshpande, Advocate for respondent no.6. .....

CORAM: T.V. NALAWADE, J.

DATE: 18.11.2015 ORDER :

1] Present application is filed for condonation of delay of 861 days caused in bringing L.Rs. of sole appellant on record.

2] Heard both the sides.

3] A statement was made by the learned counsel for the applicants that entire amount awarded by the Tribunal has been deposited. A submission was made that the L.Rs. of the appellant were not aware of filing of such a

CA 6128/15 in FA 474/04 - 2 - proceeding. When they learnt about the same, they rushed to the Court.

4] In view of the contents of the application, submissions made and the aforesaid statement made by the learned counsel for the applicants, this Court holds that sufficient cause is shown for condoning the delay. Hence, the application is allowed and the delay is condoned. Abatement, if any, is set aside. The L.Rs. of appellant are allowed to come on record. Amendment be carried out immediately.

(T.V. NALAWADE, J.) ndk/c18111533.doc