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Bombay High CourtCAS/1375/2016disposed off

Sou Palabai Appa Thombre And ORS v. Shri. Shankar Bhau Thombre(Since Decd. Throug Legal Hrs) 1a Smt. Nanibai Shankar Thombre (Decd)ORS.

2024-01-19Hon'Ble Shri Justice R. N. Laddha2 pages

bipin prithiani 5-cas-1375.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

DHARMENDER PRITHIANI Date: 2024.01.19 16:44:49 +0530 BIPIN DHARMENDER PRITHIANI CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1375 OF 2016 AND CIVIL APPLICATION NO. 286 OF 2015 IN SECOND APPEAL NO. 81 OF 2000 WITH SECOND APPEAL NO. 81 OF 2000 Sou Palabai Appa Thombre & Ors.

...

Applicants

Versus

Shri Shankar Bhau Thombre (since deceased through Legal Heirs) ...

Respondent ****** Mr. Amol Gatne i/by S. B. Deshmukh for the Applicants. None for Respondent.

****** CORAM: R. N. LADDHA, J.

DATE : 19 JANUARY 2024 P.C. :

.

By the Civil Application No. 1375 of 2016, the applicants has sought to condone the delay, set aside the abatement and to bring on record the legal heirs of respondent No.2. 2.

For the reasons stated in the application, the present Civil Application No. 1375 of 2016 is allowed in terms of prayer clauses (a) and (b).

bipin prithiani 5-cas-1375.16.doc 3.

Leave to amend so as to bring the legal heirs of respondent No.1 on record. Amendment be carried out within a period of two weeks from today.

4.

If the amendment is carried out, issue notice to the newly added respondents, returnable on 16 February 2024. 5.

Civil Application No.1375 of 2016 is disposed of accordingly.

6.

Place the Second Appeal along with Civil Application No. 286 of 2015 on board on 20 February 2024.

R. N. LADDHA, J.