Yeshwant Jyoti Suryavanshi v. 1)Baji D. Suryavanshi Since Decd.2) Rangrao Vithoba Suryavanshi Since Decd.L.H. 2a) Prakash R.Surya

1 74 CAS 829-10 in SA 146-01 .doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 829 OF 2010 In SECOND APPEAL NO. 146 OF 2001 Yeshwant Jyoti Suryavanshi.

... Applicant/ Appellant V/s.

Baji D.Suryavanshi Since deceased through heirs And legal representatives & ors.

... Respondents.

Mr.G.C.Sawant, for the Applicant & Appellant. Mr.Vinod Sangvikar i/b Mr.Umesh Mankapure, for Respondent No.3.

Coram : N.M. Jamdar, J.

Friday 1 July, 2016.

P.C. :- The Civil Application is filed for deletion of the name of Respondent No.1(a) who has expired. The Appeal was admitted on 27 August 2001. The notice issued to Respondent No.1(a) was returned with an endorsement : 'expired'. In this Appeal only Respondent No.3 is represented through an Advocate. The statement is made in the Application on affidavit that Respondent No.1(a) has expired without any heirs and legal representatives. The

2 74 CAS 829-10 in SA 146-01 .doc learned counsel for Respondent No.3 has no instructions. The statement made on affidavit by the Applicant will have to be accepted, as none else has come forth at present, with the information as regarding the heirs of Respondent No.1(a). Accordingly, the Civil Application is allowed in terms of prayer clause (a) and (b). Place the Second Appeal on board for 'Final hearing' as per its turn being the Appeal of the year 2001 in the category of 'senior citizen'.

(N.M. Jamdar, J.)