Shri. Ramesh Anpat Thakur (Since Deceased) Thr. Lrs.Jayashri R. Thakur And ORS. v. Shri. Ganapati Devasthan Trust, Uran Thr. Turstees. Sadanand R.Gharat And ORS.

35 caf 3184.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3184 OF 2019 WITH CIVIL APPLICATION NO. 3185 OF 2019 WITH CIVIL APPLICATION NO. 48224 OF 2016 IN FIRST APPEAL (ST) NO. 31317 OF 2016 Ramesh Anpat Thakaur (since deceased) through Lrs. Jayashri Thakur & Ors.

..Applicants v/s.

Ganpati Devasthan Trust, Uran & Ors.

..Respondents Mr. Bhushan Walimbe for the Appellant/Applicant. Ms. Anamika Malhotra AGP for the Respondent No.2. Mr. Bhooshan Mandlik i/b. Mr. Vilas Indulkar for the Respondent Nos.1 and 1B.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 27th SEPTEMBER, 2019.

P.C.

CIVIL APPLICATION NO. 3184 OF 2019 1.

By this application, the applicant has sought leave to delete the name of the appellant no.4 who was the original defendant no.4 in the suit.

2.

The appellant no.4 has expired. His legal representatives are pps

35 caf 3184.doc not brought on record. The learned Counsel for the appellant states that he does not wish to bring on record the legal representatives of the appellant no.4. Hence, the name of the appellant no.4 be deleted. The question whether the final relief can be granted without bringing the legal representatives of deceased respondent no.4 on record is specifically kept open, to be decided finally on its own merits.

3.

Appeal be listed for admission after three weeks. Ad-interim relief, if any to continue till the next date. CIVIL APPLICATION NO. 3185 OF 2018.

1.

This application does not survive in view of the order in C.A.3184 of 2017, and the same is accordingly disposed of. CIVIL APPLICATION NO. 4284 OF 2010.

.

Reply to the civil application to be filed in the Registry within two weeks with copy to the other side.

S.O. 18.10.2019.

(ANUJA PRABHUDESSAI, J.) pps