Shri.Sadashiv Ramchandra ... vs Mitabai Tulshiram Bandgar(Decd. ...
2023 Latest Caselaw 2382 Bom

                                                               34.cas.1001.19..doc


 Harish

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION

                     CIVIL APPLICATION NO.1001 of 2019
                                    IN
                   SECOND APPEAL (ST) NO.15611 OF 2018

 Shri. Sadashiv Ramchandra Wagmode                  ...Applicant

 Mitabai Tulshiram Bandgar
 (Decd. Through Legal Heirs)
 Ganpat Tulshiram Bandgar & Anr.                    ...Respondents

 Mr. Viraj R. Patil, for the Applicant.
 Mr. Ghule Sahil Satyavan h/f Avinash Bhaskarao Ahvad for
 Respondent No. 2.

                               CORAM : MADHAV J. JAMDAR, J.

DATE : 13th MARCH, 2023

P.C.:

1. This Civil Application is taken out seeking condonation of

delay of 4 days in fling the Second Appeal.

2. This Court by order dated 26th July, 2019 issued notice to

the Respondents. Accordingly, the notice has been served on

Respondent No. 2.

3. Respondent No. 1 is "Mitabai Tulshiram Bandgar (Deceased

through legal heirs) Ganpat Tulshiram Bandgar." It appears that,

the Original Defendant Mitabai Tulshiram Bandgar passed away

during the pendency of the Suit and name of her heir is brought

on record in the learned Trial Court as "Ganpat Tulshiram

34.cas.1001.19..doc

Bandgar." The same name is refected in the title of the Judgment

of the learned First Appellate Court.

4. As per the Baillief report dated 28th March, 2022, the notice

of Respondent No. 1 returned un-served with remark that the

name of "Namdev Tulshiram Bandgar" is wrongly mentioned as

"Ganpat Tulshiram Bandgar." The record of this case shows that,

the name is in accordance with the record of the learned Trial

Court as well as the learned First Appellate Court and the same is

"Ganpat Tulshiram Bandgar." Thus, the Respondent No. 1 is

trying to avoid service.

5. The delay is only of 4 days. Therefore, for the reasons set

out in the Civil Application, the same is allowed in terms of prayer

clause (a).

6. The Civil Application is disposed of in above terms with no

order as to costs.

(MADHAV J. JAMDAR, J.)