Kalyan Tatyaba Kale (Died) Lrs Draupadi And Others v. Dilip Vithalrao Jagtap And Others

966-CA-16530-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 16530 OF 2022 IN CIVIL APPLICATION NO.3739 OF 2015 WITH CIVIL APPLICATION NO. 16531 OF 2022 IN CIVIL APPLICATION NO.3738 OF 2015 WITH CIVIL APPLICATION NO.16529 OF 2022 IN CIVIL APPLICATION (ST) NO.6616 OF 2020 Kalyan Tatyaba Kale (Died) LRS Draupadi & Ors. ... Applicants

Versus

Dilip Vitthalrao Jagtap & Others ... Respondents ...

Advocate for Applicant/s: Smt. Ajinkya Kale h/f Adv. S. B. Talekar Advocate for Respondent No.1: Mr. K. G. Ghute Patil ...

CORAM :S. G. CHAPALGAONKAR, J.

DATE :06.07.2023 PER COURT :

1.

By these applications, the applicant/s are praying to quash and set aside the order passed by the learned Registrar of this Court, thereby refusing registration of the civil applications filed for bringing the legal heirs of respective respondents on record of second appeal. 2.

It appears that there is huge delay in filing the applications. However, considering the fact that the second appeal was kept in dormant condition and also considering the reasons as stated in Paragraph Nos.4 to 8 of the applications, the applications deserve to be allowed. Hence, I proceed to pass the following order: 1/2

966-CA-16530-2022.odt

ORDER

(I) Civil Applications are allowed in terms of prayer clauses - 'A' and '

B'

, subject to removal of office objections, if any, within a period of two weeks and payment of cost of Rs.1000/- each to the Advocates' Association Bar Library, High Court of Bombay Bench at Aurangabad. (II) Civil Applications are disposed of accordingly. (S. G. CHAPALGAONKAR, J.) Sameer 2/2