Revansidhyya Gurulingyya Hiremath Deceased Gurushankar Revansidhyya Hiremath And Others v. Dinkar Manikrao Ballal Deceased Through Manohar Manik Ballal

DSS 2-rpc-2-14 & cao 34-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION NO. 2 OF 2014 IN CIVIL REVISION APPLICATION NO. 1065 OF 2010 WITH CIVIL APPLICATION NO. 34 OF 2015 IN REVIEW PETITION NO. 2 OF 2014 Revansidhyya G. Hiremath (deceased through Legal Heirs Gurushankar R. Hiremath and ors.) .. Petitioners vs.

Dinkar M. Ballal (deceased through Legal Heir Manohar M. Ballal) & ors.

.. Respondents Ms Jui Kanade i/b Nitin Mulye for the Petitioners/ Applicants. CORAM :

M. S. SONAK, J.

DATE : 28 AUGUST 2015.

P.C. :- 1] Mr. Manohar Manik Ballal, the respondent-landlord has expired. Despite opportunities, no legal heirs have been brought on record. The remaining two respondents to the Review Petition are the legal heirs of the original tenant. They appear to have been impleaded as the respondents in the Review Petition, possibly because their Vakalatnama was not obtainable at the stage of filing of Review Petition or that they were not desirous of filing of Review Petition. There is no question of proceeding in the Review Petition as against them.

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DSS 2-rpc-2-14 & cao 34-15 2] Accordingly, this Review Petition is dismissed as abated. However, there is always liberty to apply for setting aside of abatement.

3] In view of disposal of Review Petition No. 2 of 2014, Civil Application No.34 of 2015 does not survive and same is disposed of accordingly.

(M. S. SONAK, J.) 2/2