Bansi Ramchandra Dhame v. A.R.Dhame D/H Sitabai R Dhame And ORS

CAS1448_14.sxw

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1448 OF 2014 IN SECOND APPEAL NO.659 OF 1992 Bansi Ramchandra Dhame ...

Applicant Vs.

Ambadas R. Dhame (decd.) through heir Sitabai R. Dhame and others ...

Respondents Mr. Prajakt M. Arjunwadkar for Applicant.

Ms Sahima Ansari i/b. Mr. R. N. Gite for Respondents No.1A to 1C. CORAM : R. G. KETKAR, J.

DATE : MARCH 25, 2015 P.C. :

Not on Board. At the request of Mr. Arjunwadkar, taken up in the production Board.

2.

Heard Mr. Arjunwadkar, learned Counsel for applicant and Ms Ansari, learned Counsel for respondents No.1A to 1C. 3.

This is an application for bringing legal representatives of respondent No.6, since deceased, on record . Respondent No.6 died on 10.02.2013 leaving behind respondent No.6-a and 6-b. By order dated 24.11.2014, Rule was issued on this application. Office remark shows that respondents No.6-a and 6-b are duly served. However, they have neither entered appearance nor filed affidavit opposing the application. In view thereof and for the reasons stated in the application, Civil 1/2

CAS1448_14.sxw Application is allowed. Rule is made absolute in terms of prayer clauses (a), (b) and (b1) with no order as to costs. Amendment in the main Appeal shall be carried out forthwith.

SECOND APPEAL NO.659 OF 1992 At the request of Mr. Arjunwadkar, learned Counsel for the appellant, Second Appeal is taken up on Board. 2.

Issue notice to respondents No.6-a and 6-b, returnable on 13.04.2015. Humdast is permitted.

(R. G. KETKAR, J.) Minal Parab 2/2