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Bombay High CourtCAS/482/2015allowed

Rajaram Kondiba Ghone(Since Deceased) And ORS. v. Vitthal Ganpat Kudale And ORS.

2015-07-17Hon'Ble Shri Justice Ravi K. Deshpande3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.482 OF 2015 WITH CIVIL APPLICATION NO.483 OF 2015 WITH CIVIL APPLICATION NO.484 OF 2015 WITH CIVIL APPLICATION NO.485 OF 2015 IN SECOND APPEAL NO.626 OF 2001 Shri Rajaram Kondiba Ghone since deceased by his heirs and legal representatives 1a. Smt. Kasturba Rajaram Ghone and ors.

.. Applicants.

V/s Shri Vitthal Ganpat Kudale and ors.

.. Respondents.

G.H. Keluskar, for Applicants.

C.G. Gavnekar, for Respondent No.1 in C.A.482-15, C.A.484-15. Vidita S. Bhalekar i/by. Sameer R. Bhalekar, for Respondent No.1 in C.A. No.483 of 2015.

CORAM : RAVI K. DESHPANDE, J.

DATED : 17th JULY, 2015 P.C.

1. Civil Application No.482 of 2015 is for bringing the names of the legal representatives of Appellant No.1 on record.

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2. Civil Application No.483 of 2015 is for bringing the names of the legal representatives of Appellant No.4 on record.

3. Civil Application No.484 of 2015 is for bringing the names of the legal representatives of the Appellant No.5 on record.

4. Heard the learned counsel for the parties.

5. The other appellants and respondents are on record. The suit was filed for declaration and injunction. The appeal, therefore, does not completely abate.

6. After going through the contents of the applications, I am satisfied that sufficient case is made out for permitting the legal representatives to be brought on

3/3 record of the concerned parties. Hence, all the applications are allowed. The necessary amendment be carried out within period of two weeks from today, failing which the applications shall stand dismissed without reference to the Court.

CIVIL APPLICATION NO.485 OF 2015 IN SECOND APPEAL NO.626 OF 2001

7. For the reasons stated in the application, the application is allowed. Issue fresh notice to the Respondent No. 6 returnable after eight weeks. Service by Registered PostA.D., in addition to regular mode of service is allowed. (RAVI K. DESHPANDE, J.)