Piraji Bhagwan Bahirwal And Others v. Rahibai Sampati Bhandane And Others

2024:BHC-AUG:8773 908ca482-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 CIVIL APPLICATION NO. 482 OF 2024 IN SA/432/2017 PIRAJI BHAGWAN BAHIRWAL AND OTHERS

VERSUS

RAHIBAI SAMPATI BHANDANE AND OTHERS ...

Mr. Tungar Hrishikesh V, Advocate for Applicants

CORAM

: Y. G. KHOBRAGADE, J.

DATE : 24th April, 2024 ORDER:

1.

Heard Mr. Tungar, the learned counsel for the applicants. Though the legal heirs of Respondent No.5 i.e. Respondent Nos. 5-A to 5-F are duly served but they remained absent. 2.

By the present application, the applicants pray for condonation of delay of 360 days caused while bringing the legal heirs of deceased respondent No.5 - Rukhminibai w/o Fakira Patil (Bhandane) on record.

3.

According to the applicants, Respondent No.4 died on 05.09.2022 at Beed during the pendency of the appeal leaving behind his legal heirs 5- A to 5-F, however, the applicants were not having knowledge of the same as well as about names and address of legal heirs of deceased Respondent No.5 , therefore, delay of 360 days caused, which appears to be bonafide and substantial and, therefore, it is condoned.

908ca482-24 4.

The applicants are permitted to bring the legal heirs of deceased Respondent no.5 on record. Necessary amendment to be caused within two weeks from today.

5.

Civil application is accordingly disposed off. ( Y. G. KHOBRAGADE, J. ) JPChavan