Pralhad Shankarrao Lokare Died Through Lrs Bhaskar Pralhad Lokare And Others v. Muktabai Dattu Patil Died Through Lrs Ambikabai Vishwambhar Chavare Died Through Lrs And Others

( 1 ) ca916.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 23 CIVIL APPLICATION NO.916 OF 2023 IN WP/3396/2002 PRALHAD SHANKARRAO LOKARE DIED THROUGH LRS BHASKAR PRALHAD LOKARE AND OTHERS

VERSUS

MUKTABAI DATTU PATIL DIED THROUGH LRS AMBIKABAI VISHWAMBHAR CHAVARE DIED THROUGHLRS AND OTHERS Mrs.M.A. Kulkarni, Advocate for the applicant. Mr.V.V. Bhavthankar, Advocate for respondent No.1.

CORAM

:

KISHORE C. SANT, J.

DATED :

07.07.2023 PC :- 01.

This application is filed for bringing legal representatives of deceased petitioner on record. The petitioner died on 01.11.2019 and survived by present applicants. However, there is delay of about three years in filing this application. The reason assigned for the delay is that after the petitioner died on 01.11.2019 and till December, 2020 because of covid period, the applicants could not immediately approach their lawyer. The application could be filed only on 12.12.2022. 02.

The learned Advocate for the respondent submits that no sufficient reason is assigned for the delay. He submits that unless sufficient reason is shown, the delay cannot be condoned.

( 2 ) ca916.23 03.

However, considering the fact that there was Covid pandemic in between the said period, this Court finds that the delay needs to be condoned in the interest of justice. The civil application is allowed in terms of prayer clause (B).

04.

Since the petition is of 2002, place the matter for final hearing in the 2nd week of August, 2023.

[KISHORE C. SANT, J.] snk/2023/JUL23/ca916.23