Hari Kashiram Sonawane (L.Rs.) Namdeo L.Rs. Gangubai And Others. v. Vasudeo Hiraman Patil L.Rs. Yashodabai L.Rs. Rajaram L.Rs. Sumanbai And Others

2024:BHC-AUG:761 24-1-CA-532 & 536-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 532 OF 2024 IN SA/5/1993 Hari Kashiram Sonawane (l.rs.) Namdeo L.rs.

Gangubai And Others.

.....Petitioner

VERSUS

Vasudeo Hiraman Patil L.rs. Yashodabai L.rs.

Rajaram L.rs. Sumanbai And Others .....Respondent WITH CIVIL APPLICATION NO. 536 OF 2024 IN SA/5/1993 ...

Mr. A. S. Kulkarni h/f Mr. A. N. Nagargoje, Advocate for the Applicants Mr. P. N. Kutti, Advocate for Respondents ...

CORAM

: R.M. JOSHI, J DATE : JANUARY 15, 2024 PER COURT :

1.

These applications are filed by the Appellants to bring LR's of deceased Appellant No. 1A on record with condonation of delay of 158 days. Similarly, CA/536/2024 came to be filed for bringing LR's of deceased Respondent No. 2 on record with condonation of delay of 207 days.

2.

Learned Counsel for contesting Respondents opposed applications.

24-1-CA-532 & 536-2024.odt 3.

This second appeal is admitted. Considering practical difficulties faced by the lawyers and litigants that the matter is not taken up for hearing immediately after its admission, which leads to communication gap between them. Since, no mala fides can be attributed to the Appellants in not bringing LR's of deceased Appellant and Respondent on record, both applications deserve to be allowed. Hence, both applications are allowed in terms of prayer clauses 'A' and 'B' respectively. Amendment to be carried out within two weeks.

(R. M. JOSHI, J.) Malani