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2025 DAILYLAW 71263 (BOM)

Bharat so Radhakisan Datri died through its legal heirs vaishali and ors. v. Jitendra Balvirisng Yadav and anr.

CA/12534/2025 · 2025-11-17

Shri Sanjay A Deshmukh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 21 ca.12534.25.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. 21 CIVIL APPLICATION NO. 12534 OF 2025 IN FA/350/2024 BHARAT SO RADHAKISAN DATIR DIED THROUGH ITS LEGAL HEIRS VAISHALI AND ORS VERSUS JITENDRA BALVIRISNG YADAV AND ANR ... Advocate for Applicants : Mr. Rajendra Babaji Dhakane. Advocate for Respondent No.2 : Mr. Abhijet G. Choudhari. ... CORAM : SANJAY A. DESHMUKH, J. DATE : 17th November, 2025. P.C.: 1 This application is for condonation of delay, setting aside abatement and permission to bring the legal representative of deceased respondent No.1 (Bharat S/o Radhakisan Datir) on record. 2 Perused the application. There is delay of 192 days caused in bringing the legal representative of deceased respondent No.1 on record. 3 The learned counsel for the appellant strongly opposed the application and submitted that there is no sufficient reason to condone the delay. He prayed to reject the application. 4 For the reasons stated in the application, the delay deserves to be condoned as the delay is not caused deliberately and intentionally. 2025:BHC-AUG:31654 2 21 ca.12534.25.odt Hence, the delay is condoned. Abatement is set aside. Permission is granted to bring the legal representatives of deceased respondent No.1 on record. 5 It is not necessary to carry out amendment in the appeal memo. 6 The applicants (legal representative of deceased respondent No.1) are permitted to withdraw the entire amount with accrued interest thereon deposited by the appellant in this Court. 7 The application stands disposed of. [ SANJAY A. DESHMUKH, J. ] nga