Ambadas Vishwanath Pandhare Through Lrs Laxmibai Lrs Sushilabai Arvindrao Ghalke And Others v. Govindlal Harinarayan Agrawal Through Lrs Ramesh Govindlal Agrawal And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2969 OF 2019 (Ambadas Vishwanath Pandhare through LR's Laxmibai, LR's Sushilabai Arvindrao Ghalke and others Vs. Govindlal Harinarayan Agrawal, through LR's Ramesh Govindlal Agrawal and others) WITH CIVIL APPLICATION NO.7240 OF 2007 IN WRIT PETITION NO.377 OF 2002 Mr.S.A.Patil h/f Mr.V.D.Salunke, Advocate for the applicants. Mr.S.S.Pawar, Advocate for the respondents.

( CORAM : Ravindra V.Ghuge, J.) DATE : 21/02/2020 PER COURT :

1.

The learned Advocate appearing on behalf of the LR's of the deceased respondent Nos. 2 and 3, has strenuously opposed this application seeking condonation of delay of 9 years and 9 months and 1 year and 8 months, respectively.

2.

The learned Advocate for the petitioners submits that the petition was admitted in 2002 and since then, there has been no contact with the clients. The LR's of the deceased respondent Nos. 2 and 3, moved civil applications in WP No.382/2002, which is a connected petition and the said application was allowed. They were khs/Feb.2020/2969-d

- 2 - brought on record. This was treated as an information under Order 22 Rule 10-A and this civil application was filed. 3.

In view of the above, civil application No. 2969/2019 is allowed. Delay is condoned. The LR's of deceased respondent Nos.2 and 3 shall be brought on record in the writ petition within 3 weeks from today. Mr.Pawar and Mr.Dharashive, learned Advocates cause appearance on behalf of such LR's in the writ petition. 4.

List WP No.377/2002 and 382/2002 for final hearing on 11/06/2020.

5.

The pending civil application no.7240/2007, seeking early hearing in the matter, does not survive and stands disposed off. ( Ravindra V.Ghuge, J.) khs/Feb.2020/2969-d