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Bombay High CourtCA/16185/2022disposed off

Bhanudas Yadav Labade And ORS v. Manjulabai Dashrath Bhagat Died Lrs. Machindra And ORS.

2023-03-23Hon'Ble Shri Justice R. M. Joshi1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.16185 OF 2022 IN SA/501/2003 BHANUDAS YADAV LABADE and ORS

VERSUS

MANJULABAI DASHRATH BHAGAT DIED LRS. MACHINDRA AND ORS.

Mr. G. B. Rajale, Advocate h/f Mr. R.K. Temkar, Advocate for the applicants Advocate J. P. Legal Associates for respondent Nos. 5B to 5D CORAM : R. M. JOSHI, J.

DATE : 23rd MARCH, 2023 PER COURT :- 1.

This application is filed for condonation of delay of 1201 days in bringing LR's of deceased respondent No.5 on record after setting aside the abatement.

2.

None present for the legal heirs of respondent No.5 though served. This indicates that the proposed respondents are not interested in opposing the application.

3.

For the reasons mentioned in the application, this Court finds that no malafide can be attributed to the applicants for non bringing the LR's of deceased respondent No.5 on record in time. Hence in the interest of justice, application stands allowed in terms of prayer clauses 'B', 'C' and 'D'.

(R. M. JOSHI, J.) ssp 54.ca16185.22.odt