Bhatusing Anandsing Girase v. Meenakshi Suresh Patil And ORS

1 5 CA-13654-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13654 OF 2017 IN FA/266/2000 BHATUSING ANANDSING GIRASE

VERSUS

MINAKSHI SURESH PATIL AND OTHERS ...

Advocate for Applicants : Mr. R. M. Deshmukh ...

CORAM : K.K. SONAWANE, J.

DATED : 15TH NOVEMBER, 2017.

Order :- Heard learned counsel for applicants. None appears for respondents. Perused the application.

2.

This is an application for bringing the legal heirs of deceased respondent No.4 Latkan s/o Gajmal Patil and respondent No.5 Dhrupadabai w/o Latkan Patil, who were original claimants. The matter pertains to motor accident claim. The applicants-appellants filed appeal against the findings expressed by the learned Tribunal imposing monetary liability from the insurer for the alleged vehicular accident.

3.

In view of the nature of subject matter, there is no impediment to extend one more opportunity to applicants-appellants to contest the proceedings by bringing legal heirs of deceased original claimants on record. Therefore, the delay caused to bring legal heirs of deceased original claimants No.4 and 5 is hereby condoned. The order of abatement following death of original claimants No. 4 and 5 stands set aside and quashed. The applicants are permitted to bring legal representatives of deceased original claimants on record by requisite amendment within two weeks from today. The civil application stands disposed of accordingly in above terms.

[ K. K. SONAWANE ] JUDGE rrd.