Suresh Dattatray Phadtare (Thr Lrs.) 1a, Kanchan Suresh Phadtare v. Prakash Baburao Deshmukh

27-cas-1709-2017 in sa.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1709 OF 2017 IN SECOND APPEAL NO.352 OF 2017 Suresh Dattatray Phadtare, since deceased thr. Legal Heirs & Ors.

...Applicants

Versus

Prakash Baburao Deshmukh & Ors.

...Respondents

---------- Mr. Saurabh Kurade i/b Vijay Patil for the Applicant. Mr. P. K. Deshmukh for the Respondent.

---------- CORAM :

A. A. SAYED, J.

DATE : 27 NOVEMBER, 2017 P. C.:

1.

By this Civil Application the Applicants seeks the following reliefs:

"(a) This application may kindly be allowed;

(b) That the delay of 55 in filing the present application, may kindly be condoned in the interest of equity and justice;

(c) This Hon'ble Court be pleased to allow substituting the name of the Original Appellant No.4 - Devendra 1/2

27-cas-1709-2017 in sa.doc Suresh Dattatray Phadtare with his heirs and legal representative being the Applicant No.1A to 1D mentioned in the cause title of this Application; (d) This Hon'ble Court be pleased to delete the Appellant nos. 1A to 1E, 2 and 3 from the array of the parties in furtherance of the order dated 10.09.2012; (e) Any other Order and further relief to which the Applicants may be deemed entitled to be kindly granted in favour of the Applicants;"

2.

Learned Counsel for the Applicant has pointed out the order dated 10th September 2017, wherein it is recorded that there is a settlement between the legal heirs of Appellant No.1 i.e. 1A to 1E and Appellant No.2 and 3 and the Appeal is not pressed against them.

3.

The Civil Application is allowed in terms of prayer Clauses (b), (c) and (d). Amendment to be carried out within a period of two weeks.

4.

Civil Application to stand disposed of accordingly. [A. A. SAYED, J.] Devendra 2/2