1 ca 3428.25.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 91 CIVIL APPLICATION NO. 3428 OF 2025 IN SA/248/2005 Madhav Vishwanath Domkondwar VERSUS Vithal Ramji Kolhe L.rs. Arun L.rs. Anil And Ors. ... Advocate for Applicant : Mr. Vaidya Ameet R. Advocate for Respondents : Mr. S.V. Deshmukh h/f D.R. Deshmukh For R.no.1a To 1d ... WITH CIVIL APPLICATION NO. 3429 OF 2025 IN SA/248/2005 CORAM : S. G. CHAPALGAONKAR, J. Dated : April 01, 2025 ORDER :- CIVIL APPLICATION NO. 3428 OF 2025 IN SA/248/2005:- 1. The applicant seeks to bring on record legal heirs of deceased respondent no.1 as specified in title clause of this application. Respondent no.1 died on 19.10.2021. Death certificate issued by village Panchayat, Jamb (Budruk) Tq. Mukhed, District Nanded is filed on record. Mr.Vaidya submits that there are two connected appeals arising out of the decree. In another appeal i.e. SA No.247 of 2005a, already legal heirs of respondent no.1 are brought on record. Inadvertently, in present appeal such exercise remained due to oversight. 2. Learned advocates appearing for the respondents opposes the application stating that it is filed with inordinate delay of 1158 days, which is not explained. 2025:BHC-AUG:10654 2 ca 3428.25.odt 3. Having considered the submissions advanced and reasons as stated in the application, applicant has given plausible explanation. Further, in the connected matter, already L.Rs. of respondent no.1 are brought on record. There is no impediment in considering request in the present appeal. However, since there is huge delay of 1158 days, inconvenience caused to respondents needs to be compensated. 4. In the result, application is allowed in terms of prayer clauses ‘B’ and ‘C’ subject to condition that applicant pays costs of Rs.2,500/- to the proposed L.Rs. of respondent no.1. Costs to be paid within a period of four weeks from today. Amendment to be carried out within the same time. CA stands disposed of. CA No.3429 of 2025 in SA 248/2005 :- 5. Heard learned counsel appearing for the applicant. 6. The applicant seeks to bring on record L.Rs. of deceased respondent no.1a-Arun Vitthal Kolhe on record of the Second appeal. 7. Considering reasons as stated in the application, application is allowed in terms of prayer clause ‘B’. Civil application stands disposed of. Amendment to be carried out forthwith. ( S. G. CHAPALGAONKAR, J. ) … aaa-