Sudhakar Bhimashakar Karande ... vs Ram Mahadeo Sarvade And Another
2022 Latest Caselaw 12445 Bom

                                                               12 IA 3215.21 IN CRAst 8494.21.doc


                      Dusane

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION

                            INTERIM APPLICATION NO. 3215 OF 2021
                                             IN
                       CIVIL REVISION APPLICATION (ST) NO.8494 OF 2021



                      Sudhakar Bhimshankar Karande             ...Applicants
                      (deceased) thru LRs Surekha
                      Karande & Anr.

                              V/s.

BHALCHANDRA           Ram Mahadeo Sarvade & Anr.               ...Respondents
GOPAL
DUSANE

Digitally signed by
BHALCHANDRA
GOPAL DUSANE          Mr. Ajit V. Alange for Applicants
Date: 2022.12.02
18:08:24 +0530        Mr. Laxman Jain for Respondents.



                                              CORAM: MADHAV J. JAMDAR, J.

DATE: 1st DECEMBER, 2022

P.C.:

1. Heard learned Advocate appearing for the respective

parties.

2. This Interim Application is seeking condonation of delay of

389 days in filing the Civil Revision Application.

3. The impugned judgment and decree is passed on 22nd

November 2018. It is the contention of the Applicants that at

that time, original Appellant/Defendant i.e. Sudhakar Karande

12 IA 3215.21 IN CRAst 8494.21.doc

was suffering from various ailments and thereafter he died on

24th October 2019.

4. It is the further contention of Applicants that Applicant no.

1 is housewife and Senior Citizen and Applicant no.2 is the

rickshaw driver. There is affidavit-in-reply filed denying the

aforesaid contentions, however, no material has been produced

alongwith affidavit-in-reply which will controvert the contentions

raised in the Affidavit-in-reply. Therefore, for the reasons set

out in the Interim Application, the same is allowed in terms of

prayer clause (b).

5. At the request of learned Advocate appearing for the

Respondents, CRA is adjourned to 25th January 2023.

(MADHAV J. JAMDAR, J.)