Devidas Janaradhan Niware v. Taramati Vilas Saruk And Another

1020wp82.23

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 1020 WRIT PETITION NO. 82 OF 2023 DEVIDAS JANARADHAN NIWARE

VERSUS

TARAMATI VILAS SARUK AND ANOTHER ...

Advocate for the Petitioner : Mr. Salunke Mayur Vasant Advocate for Respondent No.1 : Mr. Pawar Vaibhav U. ...

CORAM : SIDDHESHWAR S. THOMBRE, J.

DATE : 05.12.2025 PER COURT :

1.

Heard the learned Counsel for the respective parties. 2.

By way of the present petition the petitioner challenges the order dated 13.06.2022 passed below Exh. 33-B, by the Civil Judge Junior Division, Ambad in Regular Civil Suit No. 182 of 2016, whereby, application for bringing the legal representatives of defendant No.1 on record was allowed subject to cost of Rs. 300/- and delay of 934 days was condoned.

3.

I have heard the learned Counsel for the petitioner. He submits that delay was not properly explained while filing the application for bringing the legal representatives of defendant on record, therefore, the trial Court ought not to have allowed the application. 4.

I have gone through the order passed by the learned trial Court. The trial Court has considered the grounds mentioned in the application and rightly allowed it by imposing cost of Rs. 300/-.

1020wp82.23 5.

Therefore, I find no reason to interfere in the dated 13.06.2022 passed below Exh. 33-B, passed by the Civil Judge Junior Division, Ambad in Regular Civil Suit No. 182 of 2016 under Article 227 of the Constitution of India.

6.

Hence the petition is dismissed. No order as to the costs. (SIDDHESHWAR S. THOMBRE, J.) mahajansb/