Babu Laxman Dale/Jadhav Died Lrs Nagorao Died Lrs Gojarbai And ORS v. Anandrao Goroba Kawade Died Thr Lrs Pratap Died Palinka Kawade And ORS

2025:BHC-AUG:403 {1} 902-ca-10108-2024

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 902 CIVIL APPLICATION NO. 10108 OF 2024 IN CA/4947/2024 Babu Laxman Dale/Jadhav Died Lrs Nagorao Died Lrs Gojarbai And Others ....Applicants

VERSUS

Anandrao Goroba Kawade Died Thr Lrs Pratap Died Palinka Kawade And Others .....Respondents .....

Miss. Vishaka Patil h/.f Talekar And Associates, Advocate for Applicant Mrs. P.V. Diggikar, AGP for State .......

CORAM : MANJUSHA DESHPANDE, J.

DATE : 08th JANUARY, 2025 ORDER :

1.

This is an application seeking permission to bring legal heirs of respondent No. 2D on record. It is the contention of applicant that applicant had preferred Civil Application No. 4947/2024 for bringing legal heirs of deceased respondent No. 2 on record. The notices were issued to the legal heirs of respondent No. 2 at serial no. 2-A to 2-D, by order dated 10.06.2024. However, after issuance of notice, the notice was returned unserved with remark that respondent No. 2D is reported to be dead. Hence, the present application is filed Bhagyawant Punde

{2} 902-ca-10108-2024 seeking permission to bring legal heirs of respondent 2D on record.

2.

There is delay of 822 days in preferring the present application. In view of satisfactory explanation given by the applicant in the present application for delay, delay is condoned. Civil application is allowed. Applicant is permitted to bring legal heirs of respondent No. 2D on record.

3.

Applicant to bring legal heirs of deceased respondent No. 2D on record within a period of two weeks and notice be issued to added legal heirs, making it returnable after four weeks.

(MANJUSHA DESHPANDE, J.) Bhagyawant Punde