Bhivaji Tanaji Kalbande v. Jaiwanta Mankuji Kalbande Lrs Dattarao Lrs Hanuman And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1 CIVIL APPLICATION NO.302 OF 2017 IN SA/763/2007 WITH CA/226/2021 IN SA/763/2007 BHIVAJI TANAJI KALBANDE

VERSUS

JAIWANTA MANKUJI KALBANDE LRS DATTARAO LRS HANUMAN AND OTHERS ...

CORAM:

H.M.BHOSALE REGISTRAR (JUDL) DATED: 20/01/2021 1.

The Civil Application Nos.226/2021 and 302/2017 are preferred by the applicant/appellant to bring on record legal heirs of respondent no.2 Bajirao Tukaram Kalbande and respondent no.6 Pandurang Kundlik Kalbande who expired on 14.6.2019 and 14.9.2016 respectively. In support of averments in the application, copy of death certificates are filed on record. The Civil Applications are filed on 11.9.2019 and 6.12.2016 and same are within limitation.

2.

Considering above and by virtue of the provisions under Chapter II Rule 3 sub rule (i) of the Bombay High Court Appellate Side Rules, both the applications are allowed. The applicant/appellant shall carry out necessary amendment within stipulated period.

1 CIVIL APPLICATION NO.302 OF 2017

3.

It is observed that though the Civil Application was filed in the year 2019 and 2016 respectively, the office did not place it before the Court of Registrar (Judicial) for last four years. The Assistant Registrar, Second Appeal to inquire and submit the report to the undersigned for such gross negligence. He shall also ascertain the position whether applications of the like nature are lying in the branch and take appropriate steps. REGISTRAR (JUDL) 1 CIVIL APPLICATION NO.302 OF 2017