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Bombay High CourtIA/774/2021disposed off

Shri Prakash Dashrath Gangan Deceased Smt. Pratibha Prakash Gangan v. Mr. Madhukar Sakharam Gandhi And ANR

2021-03-19Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

6-774-2021-CAF=.doc Uday S. Jagtap

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 774 OF 2021 IN FIRST APPEAL NO. 1675 OF 2012 Prakash Dashrath Gangan Through his LRs 1(a)Smt. Pratibha Prakash Gangan & Ors.

.. Applicants In the matter between Shri Prakash Dashrath Gangan (deceased) .. Appellant Vs.

Madhukar Sakharam Gandhi & Anr.

.. Respondents .....

Mr. Pradeep J. Thorat a/w Ms. Aditi Naikare for the applicants Mr. Kishor Patil for the respondents Mr. Yatin R. Shah for respondent no.2 CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 19th MARCH, 2021 P.C.

1.

This is an application seeking amendment of the cause title of the appeal in order to bring the legal representatives of deceased - Prakash Dashrath Gangan on record, who is said to have expired on 3rd October, 2020.

2.

It is submitted that applicant no.1A to 1C are the legal representatives of the deceased to whom right to sue survives. The application is within limitation. As such, necessary amendment to be carried out forthwith by incorporating the names of the legal heirs of the deceased.

Digitally signed by UDAY SHIVAJI JAGTAP Date:

2021.03.22 18:00:38 +0530 UDAY SHIVAJI JAGTAP

6-774-2021-CAF=.doc 3.

Re-verification is dispensed with.

4.

Application stands disposed of. No order as to costs. (PRITHVIRAJ K. CHAVAN, J.)