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Bombay High CourtIA/15079/2024allowed

Raosaheb Baburao Chougule v. Shankar Bala Kumbhar

2024-12-02Hon'Ble Ms. Justice Gauri Godse2 pages

51-SA-561-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MJ Jadhav CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 561 OF 2017 WITH CIVIL APPLICATION NO. 1059 OF 2017 Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2024.12.04 10:02:37 +0200 WITH INTERIM APPLICATION NO. 1973 OF 2021 MANGALTAI JAYWANT JADHAV WITH INTERIM APPLICATION NO. 15079 OF 2024 IN SECOND APPEAL NO. 561 OF 2017 Raosaheb Baburao Chougule and Ors.

...Appellants/Applicants Vs.

Shankar Bala Kumbhar ... Respondent Mr. Shubham Dhenge i/b Manoj Patil for Appellants/Applicants. Mr. Prathamesh Sawant i/b Mandar Limaye for Respondent. CORAM : GAURI GODSE, J.

DATED : 2nd DECEMBER 2024 ORDER:

INTERIM APPLICATION NO. 1973 OF 2021 :

1.

This application is for bringing on record names of heirs and legal representatives of deceased sole respondent. The heirs and legal representatives of the respondent are represented through Advocate. There is delay in filing the application. 2.

In the facts and circumstances of the case, delay is condoned and the application is allowed in terms of prayer clause (a). Amendment to be carried out within two weeks from today. Page no. 1 of 2

51-SA-561-2017.doc INTERIM APPLICATION NO. 15079 OF 2024 :

3.

This application is for bringing on record names of heirs and legal representatives of deceased appellant on record. There is delay in filing the application.

4.

Learned counsel for the respondents opposes the application for condonation of delay. He submits that vague reasons are given and the reasons are not satisfactory.

5.

Learned counsel for the applicants submits that the reasons are mentioned in paragraph no.5 of the application. He submits that the reasons for delay and the steps taken to file the application are explained in paragraph no.5.

6.

I have perused the application.

7.

The reasons appear to be justifiable and acceptable. 8.

For the reasons stated in the application, delay is condoned and the application is allowed in terms of prayer clause (a) and (c). Amendment to be carried out within two weeks from today. SECOND APPEAL NO. 561 OF 2017 :

9.

List the second appeal on 27th January 2025 for admission. (GAURI GODSE, J.) Page no. 2 of 2