Digambar Mangal Dhangar v. Late Rahul Jitendra Suratwala Thr Lrs. Tejal Rahul Suratwala And ORS

2024:BHC-AUG:20270 997-CA-1228-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1228 OF 2023 IN FA/1619/2022 Digambar Mangal Dhangar

VERSUS

Late Rahul Jitendra Suratwala Thr Lrs. Tejal Rahul Suratwala And Ors *** • Mr. M. M. Bhokarikar, Advocate for the Applicant • Mr. S. S. Sarda h/f Mr. M. R. Deshmukh, Advocate for Respondent No. 2 ***

CORAM

: KISHORE C. SANT, J DATE : AUGUST 30, 2024 PER COURT :

1.

This application is for bringing LR's of deceased Respondent No. 1 who died on 16.02.2020. Respondent Nos. 1.1 to 1.3 are the only heirs of deceased as stated in the application. There is delay of 912 days in filing this application.

2.

It is submitted that the Respondent No. 1 died on 16.02.2020. Immediately thereafter the Nationwide lock down was declared because of Covid-19 pandemic. It is for this reason the Applicant could not get any knowledge about the death of deceased Respondent No.1. Umesh

997-CA-1228-2023.odt Applicant in an accident suffered permanent disablement and not in a position to move and hence, for this reason he could not get the knowledge. Further fact is that the deceased died in Pune.

3.

Application is vehemently opposed by the Respondent.

4.

Considering the reasons stated in the application, delay stands condoned. Application is allowed. Necessary amendment be carried out in Appeal memo and application within two weeks from today. (KISHORE C. SANT, J.) Umesh