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Bombay High CourtCAS/1412/2017disposed off

Shri Rajaram Manohar Thorat v. Shri Tukaram Rama Thorat And ORS.

2024-01-12Hon'Ble Shri Justice R. N. Laddha2 pages

bipin prithiani 17-sa-202.07.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BIPIN DHARMENDER PRITHIANI DHARMENDER PRITHIANI Date: 2024.01.12 18:23:18 +0530 CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1412 OF 2017 AND CIVIL APPLICATION NO. 827 OF 2007 IN SECOND APPEAL NO. 202 OF 2007 WITH SECOND APPEAL NO. 202 OF 2007 Shri Rajaram Manohar Thor ...

Applicant

Versus

Shri Tukaram Rama Thorat ...

Respondent ****** Mr. Sujay Palshikar i/by Shriram S. Kulkarni for the Applicant. Mr. Siddharth Shitole i/by A. M. Kulkarni for Respondent Nos.3 to 5.

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

DATE : 12 JANUARY 2024 P.C. :- .

The Civil Application No.1412 of 2017 is filed for bringing the legal heirs of respondent No.4 on record and to condone the delay in filing the said application. The learned counsel appearing on behalf of the proposed respondents has no objection to condone the delay.

2.

In view of the no objection and for the reasons stated in the application, the Civil Application No. 1412 of 2017 is allowed in terms of prayer clauses (a) and (c).

bipin prithiani 17-sa-202.07.doc 3.

Leave to amend so as to bring the legal heirs of respondent No.4 on record. Amendment be carried out in the Second Appeal within a period of two weeks from today.

4.

If the amendment is carried out, issue notice to the newly added respondents, returnable on 20 February 2024. 5.

Civil Application No. 1412 of 2017 stands disposed of accordingly.

6.

Place the Second Appeal on final hearing board along with the Civil Application No. 827 of 2007 in the week commencing from 20 February 2024.

R. N. LADDHA, J.