Zumbar Bhaguji Karale Deceased Through Lrs. Sindubai Zumbar Karale And Others v. Babu Vittuji Bhingardive Lrs Raghunath Babu Bhingardive And Others

ca965.22 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 940 CIVIL APPLICATION NO.965 OF 2022 IN SA/762/2017 ZUMBAR BHAGUJI KARALE DECEASED THROUGH LRS. VIJAY RAGHUNATH KARALE AND ORS.

VERSUS

BABU VITTUJI BHINGARDIVE LRS RAGHUNATH BABU BHINGARDIVE AND OTHERS .....

Advocate for Applicants : Mr. N.C. Garud Advocate for Respondents 1-A, 2A to C : Mr. M. B. Sandanshiv .....

CORAM : BHARAT P. DESHPANDE, J.

DATED : 28th JULY 2022 PER COURT:- 1.

This is an application filed for bringing legal representatives of deceased applicant No.1 i.e. original appellant No.1, who expired on 30.5.2021 at Ahmednagar, on record.

2.

The reason disclosed for condonation of delay is that the said appellant expired during Covid-19 pandemic situation and that other appellants failed to informed about it to the advocate for the appellants. The reasons disclosed in paragraph Nos. 3 and 4 in the present application are sufficient to condone the delay, to set aside the abatement, if any, and to allow the application. Learned counsel for the applicants has already filed Vaklatnama on behalf of these legal representatives. Hence, the following order:-

ca965.22 -2O R D E R I.

Civil application stands allowed.

II.

The delay stands condoned.

III.

Abatement, if any, stands set aside.

IV.

The applicant is permitted to bring on record the legal heirs of deceased applicant No.1/appellant No.1 on record. V.

Amendment to be carried out in the clause title of second appeal as well as in civil application for stay within a period of 14 days from today.

VI.

The application stands disposed of.

(BHARAT P. DESHPANDE, J.) rlj/