Bansilal Kaniyalal Sharma (Died) Thr Lrs Rampyaribai (Died) Thr Lrs Sangeeta And ORS v. Kalyan Asaram Autade And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO. 1624 OF 2018 IN FA/757/1997 BANSILAL KANIYALAL SHARMA (DIED) THR LRS RAMPYARIBAI (DIED) THR LRS SANGEETA AND

VERSUS

KALYAN ASARAM AUTADE AND ORS ...

Advocate for Applicants : Mr. Deshpande Siddharth R. Advocate for Respondent no.3 : Mr. Ambhore M.M. .....

CORAM : SUNIL K. KOTWAL, J.

DATE : OCTOBER 19, 2018 O R D E R :

Leave is granted to delete respondent nos. 1 Kalyan Autade and respondent no.2 Vishnu Chavan. 2.

Heard learned counsel for the applicants and learned counsel for respondent no.3 insurance company. 3.

Original appellant nos. 1 and 2 died on 12.7.2011 and 23.1.2007. Their son Ishwarlalji died on 2.3.2001. Applicant nos. 1A and 1D are legal representatives of Ishwarlalji Bansilal Sharma and applicant no.1E is the daughter legal representative of deceased applicant nos. 1 and 2.

ca1624.18 4.

The reason assigned for delay is reasoanble and acceptable, as no male member survived in the family of appellants.

5.

Considering this reason, delay in filing this application is condoned. Abatement against applicant nos. 1 and 2 is set aside. Applicant nos. 1A to 1E be substituted as legal representatives of appellants in appeal memo and judgment and award passed in First Appeal No. 757 of 1997.

6.

Civil Application is disposed of in terms of prayer clauses A to E.

[SUNIL K. KOTWAL, J.] dbm