Subhash Maruti Nimbalkar Since Deceased Thr Lrs Sanjay And ORS v. Deepak Kantibhai Parmar And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CA NO.92 of 2016 7 CIVIL APPLICATION NO. 92 OF 2016 IN FA/704/2004 SUBHASH MARUTI NIMBALKAR SINCE DECEASED THR LRS SANJAY AND ORS

VERSUS

DEEPAK KANTIBHAI PARMAR AND ANR ...

Advocate for Applicants : Mr.Patil B.N.

Mr.R S Deshmukh, Adv., for R/1.

R/2 Served ...

CORAM : P.R. BORA, J.

Dated: August 26, 2016 ...

PER COURT :- 1.

This is an application for bringing on record the legal representatives of deceased appellant no.1 on record by condoning the delay which has occurred in filing the present application. Delay of 263 days is stated to have been caused in filing the application for condonation of delay.

2.

Learned Counsel appearing for respondent no.1 has opposed for condonation of delay stating that the reasons assigned are insufficient to condone the delay and the same are factually incorrect.

3.

On perusal of the application, it appears that AGP/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) CA NO.92 of 2016 the delay has been sufficiently explained. I am, therefore, inclined to allow the present application. Hence, following order:

ORDER

1.

The legal representatives of deceased appellant no.1 be taken on record. Delay caused in filing the application is condoned. Abatement is set aside. 2.

Necessary amendment be carried out within one week. Civil Application disposed of.

( P.R. BORA, J. ) ...

AGP/-