1) Shri. Pralhad Laxman Dekhne (Since Decd. Thr. L/H) 1(A) Vinod Pralhad Dekhne And ORS. v. Shri. Maruti Pandurang Shinde (Since Decd. Thr. L/H) 1(A) Gauri Satish Jadhav

cas-1385-16 in sa-448 - 904.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1385 OF 2016 IN SECOND APPEAL NO.448 OF 2000 Mr. Pralhad Laxman Dekhne (deceased) and Ors. ... Applicants

Versus

Mr. Maruti Pandurang Shinde and Ors.

... Respondents Mr. P.J. Thorat the Applicants.

Mr. P.P. Chavan for the Respondent Nos.1A to 1F. CORAM : SMT. SADHANA S. JADHAV, J.

DATE :

6th DECEMBER, 2019 P.C.:

.

This is an application seeking relief to bring on record legal heirs of the appellant Pralhad Laxman Dhekne who has expired during the pendency of the appeal. The application is filed within limitation. It is in view of this that since the suit was for specific performance of immovable property the application deserves to be allowed as the legal heirs desire to prosecute the second appeal. In view of this, the application is allowed in the interest of justice and stands disposed of. 2.

The learned counsel Mr. P.P. Chavan who was appearing for the respondents has submitted that the original respondent has expired however, legal heirs have chosen to engage another counsel who has filed 1/2

cas-1385-16 in sa-448 - 904.odt his vakalatnama. The respondents have engaged the then Advocate Mr. Vinod Jadhav, who is at present officiating as member of the judiciary. In view of these circumstances Advocate Mr. P.P. Chavan is discharged from Second Appeal No.448 of 2000. Issue notice to Respondent Nos.1A to 1F on their respective addresses. The learned counsel for the appellant shall furnish spare copies within two weeks. Office to issue notice to the respective respondents returnable on 29th January 2020. Interim Application No.1 of 2019 stands disposed of.

(SMT. SADHANA S. JADHAV, J.) 2/2