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1 32 mca 734-2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
CIVIL APPLICATION (CAO) NO.990/2023 WITH CIVIL APPLICATION (CAO) NO.991/2023 IN MISC. CIVIL APPLICATION (RESTO.) NO.734/2023 IN SECOND APPEAL NO.188/2006
Eknath s/o Laxman Gawande Vs. Babarao Vithalrao Jadhao
CORAM : SMT. M.S. JAWALKAR, J. DATED : 30/11/2023
It appears that respondent- Babarao Jadhao expired on 10/02/2021. However, the learned Counsel for appellant submitted that the appellant come from a very poor farmer family and being financially weak were unable to keep in touch with the Counsel. Though pursis was filed on 20/10/2023, name of deceased respondent could not be gathered. As such, there is delay of 302 days in filing application for bringing legal representatives of sole respondent. Though, there is no intentional delay but, at least application ought to have been moved within three months. However, there is delay of another 2-3 months.
2 32 mca 734-2023
representatives is allowed subject to costs of Rs.3000/- payable within two weeks to the legal representatives of respondent.
CIVIL APPLICATION (CAO) NO.992/2023
The present application is filed for bringing legal representatives of the respondent on record. For the reasons stated in the application, the application is allowed.
JUDGE
R.S. Sahare
Eknath Gawande
Babarao Jadhao
M.S. Jawalkar
R.S. Sahare
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
