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Bombay High CourtCA/4656/2024disposed off

Dhanabai Baburao Chaudhari v. Daulat Shahadu Chaudhari Since Deceased Through Lrs Chandrabai Daulat Chaudhari And Others

2024-07-15Hon'Ble Shri Justice R. M. Joshi4 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4656 OF 2024 IN WRIT PETITION NO. 2294 OF 2019 Dhanabai Baburao Chaudahri .. Applicant versus Daulat Shahadu Chaudhari (Deceased through LRs) & others .. Respondents Mr. M. S. Kulkarni, Advocate for the Applicant. Mr. Sangit, Advocate for Respondent Nos. 1B, 1C, 2A to 2C. CORAM : R. M. JOSHI, J.

DATE :15th JULY, 2024.

PER COURT :

1.

This application is for condonation of delay of 165 days occurred in bringing legal heirs of deceased Respondent No. 6A on record.

2.

Office remarks show that proposed legal heirs of deceased Respondent No. 6A are duly served. Learned counsel for other Respondents oppose the application.

3.

In view of the reasons mentioned in the application and as the delay is not inordinate much less deliberate, application is

- 2 - allowed in terms of prayer clause A(i) to A(iii). Amendment be carried out within a period of two weeks.

4.

Since these Respondents are absent, re-issue to them returnable on 12.08.2024.

( R. M. JOSHI) Judge dyb

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4658 OF 2024 IN WRIT PETITION NO. 2294 OF 2019 Dhanabai Baburao Chaudahri .. Applicant versus Daulat Shahadu Chaudhari (Deceased through LRs) & others .. Respondents Mr. M. S. Kulkarni, Advocate for the Applicant. Mr. Sangit, Advocate for Respondent Nos. 1B, 1C, 2A to 2C. CORAM : R. M. JOSHI, J.

DATE :15th JULY, 2024.

PER COURT :

1.

This is an application for condonation of delay of 1439 days in bringing on record legal heirs of deceased Respondent No. 3B Anil Chaudhari.

2.

Learned counsel for other Respondents oppose the application.

3.

Having regard to the reasons mentioned in the application, delay caused in filing application does not seem to be deliberate, intentional or malafide. Having regards to the aforestated

- 4 - facts, application is allowed in terms of prayer clause A(i) to A(iv) and B. Amendment be carried out within two weeks. ( R. M. JOSHI) Judge dyb