Budhaji Shankar Alhat Deceased v. Shivaji Mahadu Alhat

31-IA-1528-2024.doc Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1528 OF 2024 IN SECOND APPEAL NO.9 OF 2011 Budhaji Shankar Alhat ( Since Deced. Thro. L. Rs. ) Tarabai Budhaji Alhat & Ors.

...Applicants

Versus

Shivaji Mahadu Alhat & Ors.

...Respondents

-------------------- Ms. chandana Salgaokar for the Appellant/Applicant. Ms. Shrushti S. Chalke i/b Drupad Patil for the Respondents. --------------------- CORAM : SHARMILA U. DESHMUKH, J.

DATE : FEBRUARY 14, 2024 P. C. :

1.

Interim Application has been preferred seeking permission to delete the name of Respondent No. 1 as the Respondent No. 1 has expired and to add the proposed Respondent No. 5 in the cause title of the Second Appeal and in the cause title of pending Civil Application. 2.

Learned counsel for the Applicant points out the death certificate of Respondent No. 1 who expired on 16th November, 2023 and submits that three of the legal heirs of deceased Respondent No. 1 are already on record as Respondent Nos. 2 to 4 and as such, only proposed Respondent 1/2

31-IA-1528-2024.doc No. 5 is one of the legal heir is required to be added. 3.

For the reason stated in the Interim Application, the same is allowed in terms of prayer clause (a).

4.

Amendment to be carried out within a period of one week from today.

(SHARMILA U. DESHMUKH, J. ) 2/2