Shri Dattatraya Daulata Awale And ORS. v. Shri. Shrirang Bandu Awale And ORS.

ssm 1 6-caw2393.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2393 OF 2018 IN WRIT PETITION NO. 13731 OF 2016 Dattatraya Daulata Awale & Ors.

.....Applicants.

Vs.

Shrirang Bandu Awale & Ors.

.....Respondents.

Mr. K.J. Phakade for the Applicants.

Mr. S.R. Ghanavat I/by V.S. Talkute for the Respondent No.1. CORAM : A. S. GADKARI, J.

DATE : 2nd AUGUST, 2019.

P.C.:­ This is an Application for bringing legal heirs of Respondent Nos. 2 on record. There is delay of 970 days in filing the present Application.

Learned counsel appearing for the Respondent No. 1 vehemently opposed the Application and submitted that, no sufficient cause is shown by the Applicants/Petitioners to condone the said inordinate delay.

Taking into consideration the fact that, the Respondent No.2 is a necessary party for deciding the present Petition and in the interest of justice, I am inclined to condone the delay, subject to 1/2

ssm 2 6-caw2393.18.doc payment of costs of Rs.5,000/­ to the High Court Legal Services Committee, Mumbai, having its account in the name of "High Court Legal Aid Fund" within a period of three weeks from today. It is made clear that, the payment of aforestated costs by the Applicant within the said stipulated period, is a condition precedent to condone delay.

The abatement, if any, is accordingly set aside. Application is allowed in terms of prayer clauses (a) and (b).

(A.S. GADKARI, J.) 2/2