Allowed

Sulochanabai Baburao Choudhari v. Deelip Virbhadrappa Choudhari and Ors.

Bombay HC26 Oct 2021CA/9147/2021

Case brief

AI extract

What is this about?

The court allowed and disposed of two civil applications seeking to bring the legal representatives of the deceased Respondent No.3 on record, condoning a significant delay of 2368 days attributed to advocate inadvertence, subject to payment of costs.

What did the court decide?

The applications to bring legal representatives of deceased Respondent No.3 on record were allowed, subject to deposit of costs by the advocate and amendment of records.

Sulochanabai Baburao Choudhari Vs Deelip… — Civil Procedure and Limitation | Bombay HC (2021)

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(1)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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911 CIVIL APPLICATION NOs.9146 OF 2021 & 9147/2021 IN

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SA/556/2012

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SULOCHANABAI BABURAO CHOUDHARI VERSUS

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DEELIP VIRBHADRAPPA CHOUDHARI AND ORS

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Advocate for Applicant : Mr. Patil Milind Mr. A.N. Sabis, Adv. For R/1 And 2.; Mr. SV Chillarge, Adv. For Resp.Nos. 3(b) to 3(e).

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 -----

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CORAM: SMT.VIBHA KANKANWADI,J.
DATE : 26th October, 2021.

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PER COURT :-

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Present application has been fled for bringing the legal representatives of deceased Respondent No.3 – on record. Respondent No.3 expired on 8.3.2015. There is delay of 2368 days in moving the application for L.Rs.. Separate afdavit has been fled by the Advocate explaining the delay, which appears to have been caused because of his inadvertence.

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The learned Advocate for the other sides have strongly apposed for allowing the applications. However, taking into consideration the reasons assigned in the applications, the delay stands condoned. The application to bring the legal heirs of deceased Respondent No.3 stands allowed and disposed of subject to deposit of costs of Rs.

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(2)

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5,000/-, to be paid by the Advocate from his own pocket to the High Court Legal Services Sub-Committee, Aurangabad on or before 15.11.2021. Necessary amendment to bring the legal heirs of the Respondent No.3 on record be carried out.

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Both the Civil Applications stand allowed and disposed of.

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(SMT. VIBHA KANKANWADI)

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JUDGE

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BDV

Sulochanabai Baburao Choudhari v. Deelip Virbhadrappa Choudhari and Ors.

Case brief

What is this about?

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Sulochanabai Baburao Choudhari v. Deelip Virbhadrappa Choudhari and Ors.

Case brief

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What did the court decide?

What the court decided

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