Bharat So Radhakisan Datri Died Through Its Legal Heirs Vaishali And ORS. v. Jitendra Balvirisng Yadav And ANR.

2025:BHC-AUG:31654 21 ca.12534.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

21 CIVIL APPLICATION NO. 12534 OF 2025 IN FA/350/2024 BHARAT SO RADHAKISAN DATIR DIED THROUGH ITS LEGAL HEIRS VAISHALI AND ORS

VERSUS

JITENDRA BALVIRISNG YADAV AND ANR ...

Advocate for Applicants : Mr. Rajendra Babaji Dhakane. Advocate for Respondent No.2 : Mr. Abhijet G. Choudhari. ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

17th November, 2025.

P.C.:

This application is for condonation of delay, setting aside abatement and permission to bring the legal representative of deceased respondent No.1 (Bharat S/o Radhakisan Datir) on record. Perused the application. There is delay of 192 days caused in bringing the legal representative of deceased respondent No.1 on record.

The learned counsel for the appellant strongly opposed the application and submitted that there is no sufficient reason to condone the delay. He prayed to reject the application. For the reasons stated in the application, the delay deserves to be condoned as the delay is not caused deliberately and intentionally.

21 ca.12534.25.odt Hence, the delay is condoned. Abatement is set aside. Permission is granted to bring the legal representatives of deceased respondent No.1 on record.

It is not necessary to carry out amendment in the appeal memo. The applicants (legal representative of deceased respondent No.1) are permitted to withdraw the entire amount with accrued interest thereon deposited by the appellant in this Court. The application stands disposed of.

[ SANJAY A. DESHMUKH, J. ] nga