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Bombay High CourtCA/14775/2023admittedallowedgrantedrule absolute

Daulat Tukaram Thote v. Sarjerao Asaram Bavne L.Rs. Shalanbai And ORS.

2024-10-24Hon'Ble Shri Justice Sandipkumar C. More2 pages

917 SA 105-2007

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO. 14775 OF 2023 IN SECOND APPEAL NO. 105 OF 2007 DAULAT TUKARAM THOTE

VERSUS

SARJERAO ASARAM BAVNE AND OTHERS ...

Mr. C.V. Bodkhe h/f. Mr. R.V. Gore - Advocate for Appellant Mr. Onkar M. Joshi h/f. Mr. Jivan J. Patil - Advocate for Respondent Nos.2A-1 to 2A-6, 2B-1 to 2B-3 and 2C-2 to 2C-5 Mr. M.K. Deshpande - Advocate for Respondent Nos.1A to 1H ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 24th October, 2024 PER COURT :

1.

Heard rival submissions.

2.

The application is filed for bringing legal representatives of deceased respondent No. 2C-1, Narsing Ramrao Thote, who admittedly died on 20.12.2022 by condoning the delay of 220 days. Though the application is opposed but considering right to sue the application stands allowed in terms of prayer clauses 'B' and 'C' subject to deposit of cost of Rs.500/- (rupees Five Hundreds only) to be paid to the Library, Advocates Association of High Court, Bombay, Bench at Aurangabad.

Pooja Kale 1/2

917 SA 105-2007 3.

The application is disposed of accordingly.

4.

The amendment be carried out within stipulated period and after deposit of cost.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja Kale 2/2