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Bombay High CourtCAS/988/2016allowed

1. Shri Dnyandeo Narayan Chalke And ORS. v. 1. Shri Mahadu Sidhu Katele And ORS.

2016-07-01Hon'Ble Shri Justice Nitin Jamdar2 pages

1 87 SA 619-14 w CAS 870-09 & CAS 988-16 .doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 988 OF 2016 (For substituting deceased Respondent No.1) in SECOND APPEAL NO. 619 OF 2014 Along with CIVIL APPLICATION NO. 870 OF 2009 (For stay) Office Notes, Office Memoranda of Coram, appearances, Court's order or Directions and Registrar's Orders Court's or Judge's Orders Mr.H.B.Laxmi Palli, for Applicants / Appellants.

Mr.Rohit Joshi i/b Ms.Gauri Godse, for Respondent No.1.

CORAM: N.M. Jamdar, J.

Friday, 1 July 2016.

P.C.:

During the hearing of the Civil Application No.988 of 2016 by consent of parties C.A (St.) No.17813 of 2016 is taken on board. Both the Applications though taken out separately are for bringing heirs of Respondent No.1

2 87 SA 619-14 w CAS 870-09 & CAS 988-16 .doc and setting aside the abatement against Respondent No.1. The learned counsel appears for Respondent No.1(a), the heir of Respondent No.1 and has no objection for bringing Respondent No.1(a) on record. Accordingly, Civil Application No.988 of 2016 and C.A (St.) No.17813 of 2016 are allowed. Amendment to be carried out within period of three weeks from today.

(N.M.Jamdar, J.)