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Bombay High CourtIA/17032/2022allowed

Shri.Santosh Bhagwandas Bhandari v. Ramchandra Khivraj Bhandari (Deceased Thr. Lrs.) Indumati Ramchandra Bhandari And ORS

2022-10-07Hon'Ble Shri Justice Nitin W. Sambre2 pages

1/2 28.SA.715.2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by ANANT KRISHNA NAIK Date:

2022.10.11 16:42:16 +0530 ANANT KRISHNA NAIK INTERIM APPLICATION NO. 17032 OF 2022 IN SECOND APPEAL NO. 715 OF 2017 Santosh Bhagwandas Bhandari ... Applicant

IN THE MATTER BETWEEN

Late Shantilal Khivraj Bhandari through Lrs.

...Appellants vs.

Ramchandra Khivraj Bhandari (Deceased Thr. LRs)

...Respondents

CIVIL APPLICATION NO. 1410 OF 2017 WITH INTERIM APPLICATION NO. 2844 OF 2020 IN SECOND APPEAL NO. 715 OF 2017 Mr. Shriram Kulkarni for the Appellant Mr. Akshay Kulkarni for the Respondent Nos. 1/1 & 1/2 Mr. Vivek V. Salunkhe for Respondent No.3.

Mr. Umesh R. Mankapure for Respondent Nos. 10 to 14. CORAM : NITIN W. SAMBRE, J.

DATED :

7th OCTOBER, 2022 P.C.:

IA/17032/2022 1.

This application is for bringing legal heirs of the appellant no. 1 on record who alleged to have been expired on 12/10/2021. 2.

Since the application is not contested by the respondents, the same stands allowed. Appropriate amendment be carried out akn 1/2

2/2 28.SA.715.2017.doc within a period of two weeks from today.

3.

In paragraph no. 8 of the present application it is specifically held that the legal heirs/respondent nos 15 (1A) to 15(1E) are not supporting the applicants in the present second appeal and as such the said legal heirs of the appellant no. 1 be transposed as respondent nos. 15(1A) to 15(1E).

4.

Since the prayer is not contested, the same stands allowed. 5.

Appropriate amendment be carried out within two weeks. 6.

Issue notice to the respondent nos. 15(1A) to 15(1E), returnable on 02/12/2022.

7.

In addition to court notice, Applicants are at liberty to serve the Respondents by private notice through registered AD/Speed Post and file afÏdavit of service before the returnable date. 8.

Ad-interim, if any, granted earlier to continue till then. (NITIN W. SAMBRE, J.) akn 2/2