Shri Naresh Kanakkumar Doshi v. Mithabai Baburao Dusing Decesed Through Her Legal Heirs And Others

2024:BHC-AUG:5559 916(A)-CA-767-2024.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 767 OF 2024 IN SA/163/2023 SHRI NARESH KANAKKUMAR DOSHI

VERSUS

MITHABAI BABURAO DUSING DECESED THROUGH HER LEGAL HEIRS AND OTHERS ....

Mr. S. V. Suryawanshi, Advocate for applicant Mr. Sudhir Akhade, Advocate h/f Mr. A. R. Syed, Advocate for Respondent Nos. 2A to 2C, 4 ....

CORAM : Y. G. KHOBRAGADE, J.

DATE : 12 MARCH 2024 PER COURT :- 1.

Heard both the sides at length.

2.

The present application has been filed for condonation of delay of 80 days caused while bringing the legal heirs of deceased respondent No.5 on record as well as setting aside the abatement.

3.

The non-applicants strongly opposed the application on the ground that the delay of 80 days has not been satisfactorily explained, hence prayed for rejection of the application.

(( 2 )) 916(A)-CA-767-2024 4.

It is well settled principle of law that the litigant should not be deprived from receiving substantial justice on the technical ground. In the case in hand, the applicant-appellant contended that during the pendency of the present appeal, on 25.06.2023, respondent No.5 died, however, the applicant was not aware about death of respondent No.5 and soon after when he came to know about the death of respondent No.5, he filed the present application for which delay of 80 days caused while bringing the legal heirs of respondent No.5 on record. The delay is duly sufficiently explained. The delay appears to be bona-fide and substantial, therefore, the delay of 80 days is hereby condoned. The abatement is hereby set aside against respondent No.5.

5.

The civil application is allowed. The applicant is hereby permitted to bring the legal heirs of deceased respondent No.5 on record. The necessary amendment be carried out on or before 28.03.2024.

[ Y. G. KHOBRAGADE, J. ] SMS