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Bombay High Court

Shri. Madhu Rama Bhagat And Ors vs Shri. Govind Rama Bhagat on 1 April, 2019

Author: Sandeep K. Shinde

Bench: Sandeep K. Shinde

                                                                 Prodn-507-CAS-1351-
                                  2018.odt

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIVIL APPELLATE JURISDICTION
               CIVIL APPLICATION NO.1351 OF 2018
                               IN
             SECOND APPEAL (ST) NO.30397 OF 2015

Shri Madhu Rama Bhagat and Ors.        ... Applicants
      Vs
Shri Govind Rama Bhagat               ... Respondent
                              ...

Mr. Vijay S. Gharat with Mr. Rehan R. Momin for the Applicants.

Mr. Sagar Talekar for the Respondent.

CORAM : SANDEEP K. SHINDE J.

DATE : 1ST APRIL, 2019 P.C. :

Not on board. Taken on Board.
It is an application to bring legal representatives of the Respondent No.1 on record who died on 23 rd October, 2015. Prayer for delay condonation is also made.

2 Impugned decree is dated 8th June, 2015 and appeal was presented to this Court on 31st October, 2015; however, respondent no.1 died on 23rd October, 2015. It appears that the applicants/appellants did not instruct Advocate about the death of the respondent no.1.

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Prodn-507-CAS-1351- 2018.odt 3 Heard learned counsel for the applicants and respondent. 4 Appeal is at pre-admission stage. In paragraph four of the application, the applicant has disclosed reasons, which caused delay in preferring this application. 5 Thus, sufficient cause is shown for condoning the delay. 6 Application is allowed in terms of prayer clauses (a) and

(b).

7 Consequential amendment shall be carried out within 15 days from today.

8 Application is disposed of.

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