Rasiklal Shrimal Toksiya v. Babasaheb Rambhau Girwale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 18 CIVIL APPLICATION NO.13885 OF 2018 RASIKLAL SHRIMAL TOKSIYA

VERSUS

BABASAHEB RAMBHAU GIRWALE ...

Advocate for Applicant : Mr. Bedre Vinayak Sudhakar ...

CORAM : SMT.VIBHA KANKANWADI, J.

DATE : 08-04-2019.

ORAL ORDER :

1.

Present application has been filed for bringing the legal representatives of respondent No.4 on record, contending to condone the delay in bringing them on record.

2.

It is stated that, respondent No.4 died on 16-04-2018. It is stated that, deceased respondent No.4 was arrested by police authorities in connection with the assault on the office of Superintendent of Police, Ahmednagar. Some time was taken by applicants to collect information since they are residing at different places. It is stated that, the delay is not intentional. 3.

Proposed legal representatives of respondent No.4 namely respondents No.4A to 4D are duly served but they failed to appear. Therefore, whatever reason has been given by applicant has gone

CA 13885-2018 unchallenged. The delay is of 120 days.

4.

Hence, the application is allowed and disposed of accordingly. Delay is condoned. The amendment be carried within 14 days and after the amendment is carried out, issue notice to them regarding appeal, to be made returnable 17-06-2019.

(SMT. VIBHA KANKANWADI) JUDGE vjg/-.