Tukaram Arjun Choudhary L.Rs. Bayanabai L.Rs. Dhondiram Tukaram Choudhary v. Bhanudas Eknath Sawant L.Rs. Shaikh Anis Shaikh Ahmed

2025:BHC-AUG:16315 1 1037 ca 13930.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13930 OF 2024 IN SECOND APPEAL NO. 770 OF 2005 Tukaram Arjun Choudhari Since deceased through L.Rs.

Bayanabai L.Rs. Dhondiram .. Applicant

Versus

Bhanudas Eknath Sawant since deceased through L.Rs.

Ashok L.Rs. Subhadra and others .. Respondents Shri Aditya V. Kasane, Advocate h/f Shri V. D. Salunke, Advocate for the Applicant.

Shri B. A. Darak, Advocate for the Respondent Nos. 1 and 2. CORAM : SHAILESH P. BRAHME, J.

DATE : 24TH JUNE, 2025.

ORDER :

.

This application is for condonation of delay, setting aside abatement and bringing heirs of the deceased applicant/Tukaram Arjun Choudhari on record. It is submitted that for the reasons stated in the application no steps could be taken to make the application in time. Applicants want to prosecute the matter sincerely because their interest is involved. 2.

Application is opposed by the learned counsel Mr. Darak. Though there is huge delay in preferring application, I do not

2 1037 ca 13930.24 find tangible reason to dismiss the application solely on that ground. I do not find any serious prejudice that would be caused to the respondents. The cause of action survives against the deceased application. The civil application is allowed in terms of prayer clauses 'A' and 'B'. The civil application is disposed of. [ SHAILESH P. BRAHME J. ] bsb/June 25