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Bombay High CourtCA/952/2023admittedallowedgrantedrule absolute

Rajaram Devram Patil Died Lrs.Shantabai And ORS. v. Fulchand Jasraj Jain Died Lrs. Fulchand Jain Alis Surana

2023-07-19Hon'Ble Shri Justice Arun R. Pedneker2 pages

1 sa 316.1995

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 SECOND APPEAL NO.316 OF 1995 WITH CA/4741/1995 IN SA/316/1995 WITH CA/952/2023 IN SA/316/1995 RAJARAM DEVRAM PATIL

VERSUS

FULCHAND JASRAJ JAIN ...

Advocate for Applicant/CA/952/2023:

Mr. Sanket S. Kulkarni Advocate for Respondents No.1 to 6:

Mr. S. T. Mahajan ...

CORAM: ARUN R. PEDNEKER, J.

DATE:

19th JULY, 2023 PER COURT:

1.

The civil application no.952 of 2023 is filed to bring the legal heirs of the deceased sole appellant so also there is delay in filing the civil application. The learned counsel submits that the applicant had no knowledge of the pending matter.

2.

Since, the present second appeal is admitted and pending before this court from the year 1995, the delay of 831 days to bring the

2 sa 316.1995 legal heirs of the deceased sole appellant on record is condoned. Abatement, if any, is set aside. The civil application no.952 of 2023 is disposed of.

3.

Four (04) weeks time is granted to carry out amendment.

4.

List the second appeal on the final hearing board thereafter.

[ARUN R. PEDNEKER, J.] marathe