Shivaji Bhagwan Raut (Mali) Died Lrs. Laxmi Shivaji Raut And ORS. v. Vithal Ananta Raut (Mali) And ORS

2024:BHC-AUG:2915 949-SA-545-2011.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO. 545 OF 2011 WITH CIVIL APPLICATION NO. 1514 OF 2023 IN SA/545/2011 Shivaji Bhagwan Raut (mali)

VERSUS

Vithal Ananta Raut (mali) And Ors ...

Mr. A. R. Devakate, Advocate for Applicant Mr. R. D. Gaikwad, Advocate for Respondent Nos. 7A to 7F.

...

CORAM

: R.M. JOSHI, J DATE : FEBRUARY 09, 2024 PER COURT :

1.

This application is for condonation of delay of 682 days in bringing LR's of deceased Respondent No. 7 on record.

2.

Perusal of the application does not show any mala fides attributable to the Appellant for not taking steps in time. This Appeal is already admitted, as such, no prejudice will cause to the proposed respondents if the delay is condoned and they are brought on record. Hence, application stands allowed in terms of prayer clauses B to D. Amendment be carried out within a period of two weeks.

949-SA-545-2011.odt 3.

Mr. R. D. Gaikwad, learned Counsel, waives service for added Respondents in second appeal. (R. M. JOSHI, J.) Malani