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2025 DAILYLAW 26037 (BOM)

KISAN SAHADU RAUT L.RS. MEENAKSHI CHANGDEO DESHMUKH AND ANOTHER v. BALASAHEB KISAN RAUT AND OTHERS

CA/10024/2024 · 2025-03-12

Shri Rohit W Joshi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

917-ca-10024-2024.KK IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10024 OF 2024 IN SAST/25927/2020 Kisan Sahadu Raut LRs Meenakshi Changdeo Deshmukh And Another VERSUS Balasaheb Kisan Raut And Others ... Mr. Navin S. Shah, Advocate h/f Mr. K. N. Lokhande, Advocate for Applicants Mr. S. S. Jadhavar, Advocate for Respondent Nos. 1 to 3 in CA/10805/2022 ... WITH CIVIL APPLICATION NO. 1510 OF 2025 IN CA/10986/2024 WITH CIVIL APPLICATION NO. 10805 OF 2022 IN SAST/25927/2020 WITH CIVIL APPLICATION NO. 10807 OF 2022 IN SAST/25927/2020 WITH SECOND APPEAL NO. 86 OF 2020 WITH CIVIL APPLICATION NO. 2383 OF 2020 IN SA/86/2020 ... CORUM : ROHIT W. JOSHI, J. DATE : 12th MARCH, 2025 PER COURT : CIVIL APPLICATION NO. 10024 OF 2024 : 1. This is an application for bringing legal representatives of deceased respondent No. 6 on record. There is a delay of 1297 days in filing the application. A prayer is made to condone the delay caused in filing the application. 1/2 2025:BHC-AUG:7552 917-ca-10024-2024.KK 2. Perusal of the application indicates that the respondent No. 6 has expired on 29.10.2020 i.e. after impugned judgment and decree dated 18.06.2019 was passed by the learned First Appellate Court. 3. The applicants have stated that they were under bona fide impression that after the demise of respondent No. 6 there was no need to bring names of her legal representatives on record and therefore, they did not inform the learned advocate appearing for them in the matter about the same. 4. In that view of the matter, it appears that the delay is not with any mala fide intention and therefore, I am inclined to condone the delay subject to cost of Rs. 1000/- payable to the Chairman, Bar Library, Bombay High Court, Bench at Aurangabad. 5. Delay of 1297 days in filing the application for bringing legal representatives of deceased respondent No. 6 is condoned, abatement of appeal against respondent No. 6 is set aside and permission is granted to bring the names of legal representatives of deceased respondent No. 6 on record. 6. Necessary amendment be carried out within a period of two weeks from today. [ROHIT W. JOSHI] JUDGE KS_Kamble/ 2/2