Dattatraya Keshav Sapkal v. Narhar Waman Deshpande (Since Decd. By His Heirs) Vidyadhar Narhar Deshpande And ORS.

17-IA-3153-2022=.doc Uday S. Jagtap

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3153 OF 2022 IN SECOND APPEAL NO. 235 of 2011 Dattatraya Keshav Sapkal .. Applicant In the matter between Dattatraya Keshav Sapkal .. Appellant Vs.

Narhar Waman Deshpande Since deceased through LRs. & Ors.

.. Respondents .....

Mr. Pradeep J. Thorat for the applicant Vishwali Botle i/b Ashutosh Gole for respondent nos. 4, 5 and 6 Mr. Sandeep Palade for respondent nos. 1 and 3 ....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 5th JULY, 2022.

P.C.

1.

This is an application for bringing legal representatives of respondent no.2, who is said to have expired on 14th November, 2020 and respondent no.6, who is said to have expired on 5th November, 2021 on record. The true copies of their death certificates are filed on record. 2.

It is submitted that right to sue survives in favour of the applicant against the proposed legal representatives of the Digitally signed by UDAY SHIVAJI JAGTAP Date:

2022.07.06 17:54:50 +0530 UDAY SHIVAJI JAGTAP

17-IA-3153-2022=.doc deceased respondent nos. 2 and 6 and, therefore, they are required to be brought on record.

3.

Necessary amendment to be carried out within two weeks from today. After amending the Memo of Appeal, notices be issued to the proposed legal representatives of the respondents, returnable after six weeks.

4.

In addition to the Court'

s notice, liberty to the applicant to serve the legal representatives with private notice and file an affidavit of service to that effect before the next date. 5.

Application stands disposed of.

(PRITHVIRAJ K. CHAVAN, J.)