Ganpati Daji Yevale And ANR. v. Tarabai Atmaram Ghadage (Desd) Lrs And ANR.

Nitin 1 / 2 1-CAS-1161-2013.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1161 OF 2013 IN SECOND APPEAL NO. 1154 OF 2004 Shri Ganpati Daji Yevale and Anr.

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Applicants

Versus

Sou. Tarabai Atmaram Ghadge and Ors.

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Respondents Mr.Dilip Bodake for the Appellants / Applicant in CAS No. 1519 of 2004 and CAS No. 1161 of 2013.

Mr. Manoj Patil for the Applicants in CAS No. 101 of 2017 and Respondent Nos. 1A to 1C.

CORAM : S.J. KATHAWALLA, J.

DATED : 18TH SEPTEMBER , 2017 P.C.:

1.

The above Civil Application is served on the heirs of deceased Respondent Nos. 5A and 6.

2.

Perused the above Civil Application. For the reasons set out in the above Civil Application, the same is allowed in terms of prayer Clauses (a) to (d), which are reproduced hereunder :

"(a) This Hon'ble Court be pleased to allow the Applicants to bring on record the present Respondent Nos.6A to 6F in the present Second Appeal as heirs and legal representatives of deceased Respondent Nos. 5A and 6 namely Balaso Jijaba Yevale and allow to amend the cause title accordingly.

Nitin 2 / 2 1-CAS-1161-2013.sxw (b) This Hon'ble Court be pleased to condone the delay of 01 year and 18 days in filing the Application for bringing the heirs and legal representatives of Respondent Nos. 5A and 6 namely Balaso Jijaba Yevale. (c) This Hon'ble Court be pleased to set aside the abatement in respect of deceased Respondent No. 5A and 6 namely Balaso Jijaba Yevale. (d) This Hon'ble Court be pleased to condone the delay in setting aside the abatement in respect of deceased Respondent Nos. 5A and 6 namely Balaso Jijaba Yevale.

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3.

Amendment to be carried out within a period of one week from today. 4.

The above Civil Application is accordingly disposed off. ( S.J.KATHAWALLA, J. )