Shri. Arjun Balaji Nigade-Dead Through Legal Heirs.1-A)Smt. Subhadarabai Arjun Nigade And ORS. v. Mr. Sanjay Kachardas Mutha And Othrs

caw-1331-1332-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION NO.1331 OF 2019 WITH CIVIL APPLICATION NO.1332 OF 2019 IN FIRST APPEAL (ST.) NO.28853 OF 2010 Shri Arjun B. Nigade (since deceased) through LR 1(a) Saubhadrabai A. Nigade & Others ..

Applicants v/s.

Shri Sanjay K. Mutha & Others ..

Respondent.

Mr. Sarthak Diwan i/b. Mr. Ashutosh M. Kulkarni, for the Applicants in bot the Civil Applications.

CORAM: A.S.OKA & M.S.SANKLECHA, JJ.

DATE : 15th APRIL, 2019.

P.C:- Heard the learned Counsel appearing for the Applicants. The Applicants are the Appellants.

Civil Application No.1331 of 2019 is filed to bring on record the legal representatives of the deceased Respondent No.3. Civil Application No.1332 of 2019 is filed to bring on record the legal representatives of the deceased Respondent No.4. S.R.JOSHI

caw-1331-1332-2019 The Respondent Nos.3 and 4 were husband and wife. The Respondent Nos.1 and 2 are their sons. The proposed legal representatives of the Respondent Nos. 3 and 4 are the daughters of the Respondent Nos.3 and 4. As two sons of the deceased Respondent Nos. 3 and 4 are already on record of the first appeal in their capacity as the Respondent Nos. 1 and 2, there is no abatement of the appeal against the Respondent Nos. 3 and 4. Hence, there is no delay in filing the applications.

Accordingly, both the Applications are allowed in terms of prayer clauses (a). Amendment to be carried out within a period of one week from the date on which this order is uploaded. Issue notice to the added Respondent Nos. 3b and 3c as well as Respondent Nos.4b and 4c, in Civil Application No.4471 of 2010, returnable on 14th June, 2019.

(M.S.SANKLECHA,J.) (A.S.OKA,J.) S.R.JOSHI