Bombay High CourtCAO/28/2012admittedallwdgrantedrule absolute

Shital Subhash Bante And ORS. v. Gujarabai W/O Maroti Bante (Dead) Thr.Lrs.Yogeshwar Bante And ORS.

2017-08-01Hon'Ble Shri Justice A.S. Chandurkar2 pages

1 108cao28.12ncao29.12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (O) NOS.28 OF 2012 AND 29 OF 2012 IN MISC. CIVIL APPLICATION ST. NO.8969 OF 2005 IN SECOND APPEAL NO.103 OF 1990 SHITAL SUBHASH BANTE AND OTHERS VS YOGESHWAR S/O MAROTI BANTE AND OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. P. Bhandarkar, Advocate for the appellants. Shri V. R. Choudhari, Advocate for the respondent nos.3, 4(A to F) 5. CORAM : A.S. CHANDURKAR, J.

DATED : AUGUST 01, 2017.

By these applications, it is prayed that the applicants be permitted to be brought on record as applicant Nos.8 to 11. It is stated that the applicants are the legal heirs of Dnyaneshwar Bante. Said Dnyaneshwar expired on 16-5-2008. The names of the present applicants could not be brought on record on account of inadvertent mistake of the Counsel.

The applications are opposed by the learned Counsel for the non-applicants on the ground that the delay caused is not sufficiently explained. He has relied upon decision in Vithhal Dhondiba Chawan vs Madhavrao alias Mahadev Tukaram Chavan & Ors 2009 (5) Bom. C. R. 29. The proceedings arise out of suit for partition and

2 108cao28.12ncao29.12 separate possession. The legal heirs of Mahadeo Bante are already brought on record. Considering the nature of proceedings, I find that it would be appropriate to allow the present application after condoning the delay. After considering the decision relied upon by the learned Counsel for the non-applicant, I am satisfied that the delay has not been deliberately caused. Hence, both the applications are allowed. The cause title of the proceedings be amended within a period of one week.

The civil applications are allowed.

JUDGE /MULEY/