Kondabai Ajinath Jain And Another v. Sagarbai Kashinath Dewalkar

54ca3196.25

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 54 CIVIL APPLICATION NO. 3196 OF 2025 IN SA/92/2019 WITH SECOND APPEAL NO. 92 OF 2019 SAGARBAI KASHINATH DEWALKAR L.RS. SHASHIKALA L.RS. DEEPAK AND OTHERS

VERSUS

KONDABAI AJINATH JAIN AND ANOTHER ...

Advocate for Applicants : Mr. More Abhijit S. Advocate for appellant In SA : Mr. Devakate A.R. ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : 28.03.2025 PER COURT :- 1.

Heard. Applicants are legal representatives of sole respondent in Second Appeal. They have filed this application to bring them on record as legal representatives of Sagarbai Kashinath Devalkar and also seek condonation of delay of 1525 days caused in filing present Civil Application. 2.

Present application is supported by death certificate of deceaed respondent. In view of aforesaid factual matrix it is evident that in view of death of sole respondent on 10.09.2020, Second Appeal stood abated against sole respondent.

3.

It was for the appellants in Second Appeal to take necessary steps to bring on record legal representatives, however, no steps are taken till this date. 4.

Mr. More, submits that copy of Civil Application is served upon learned Advocate appearing for appellants.

5.

Inspite of such service and knowledge regarding death of sole respondent Sagarbai, no steps are taken.

6.

Corollary of aforesaid events is that Second Appeal is abated against sole respondent for want of steps.

54ca3196.25 7.

Office to record abatement of appeal against deceased respondent No. 1 Sagarbai and dispose off the same.

8.

In view of disposal of Second Appeal, pending Civil Application is also disposed off.

( S. G. CHAPALGAONKAR ) JUDGE mahajansb/