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Bombay High CourtCA/13213/2023admittedallowedgrantedrule absolute

Vishnudeo Vithalrao Patil v. Madhukar Pralhad Ayachit L.Rs. Renuka Madhukar Ayachit And Others

2024-04-01Hon'Ble Shri Justice Sandipkumar C. More2 pages

1 19 ca 13213-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 19 CIVIL APPLICATION NO. 13213 OF 2023 IN SA/1461/2004 VISHNUDEO VITHALRAO PATIL

VERSUS

MADHUKAR PRALHAD AYACHIT L.RS. RENUKA MADHUKAR AYACHIT AND OTHERS ...

Mr. Shankar Kendre h/f Mr. Godbharle Vinod D., Advocate for Applicant Mr. C. R. Deshpande, Advocate for Respondent Nos.1 Mr. Kailas A. Kadam, Advocate for Respondent Nos.1/a & R/1/b ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 01/04/2024.

P. C. :

1.

Heard rival submissions.

2.

The applicant is seeking permission to bring legal representatives of respondent No.1 on record, who admittedly died on 23/09/2014, by condoning a huge delay of 3234 days. 3.

The learned counsel for the respondents strongly opposed the application on the ground that there is delay of around 9 years. However, considering the right to sue, the application stands allowed in terms of prayer clause-A and B subject to cost of Rs.4500/- to be paid to Advocate Bar Library, High Court, Aurangabad.

2 19 ca 13213-23 4.

The applicant is directed to carry out the amendment within stipulated period and after deposit of cost.

5.

Application is accordingly disposed of.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-