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Bombay High CourtCAS/28/2023disposed off

Padmabai Ramchandra Nirbhavane v. Shevantabai Magan Adhav And ORS.

2023-08-09Hon'Ble Shri Justice Madhav J. Jamdar2 pages

82-CA-28-2023.doc Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.28 OF 2023 IN SECOND APPEAL NO.118 OF 1994 Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2023.08.10 18:56:28 +0530 ARJUN VITTHAL KUDHEKAR Sau. Padmabai W/o Ramchandra Nirbhavane...Applicants (Since deceased through LR's.) 1a) Prabhakar Ramchandra Nirbhavane & Ors.

V/s.

1. Shevantabai Magan Adhav

...Respondents

2. Sarjabai Ganpat Ahire & Ors.

Ms. Sunita Warang i/b Rameshwar N. Gite, for the Applicants.

Mr. Nikhil M. Pujari i/b P. N. Joshi, for the Respondents. CORAM : MADHAV J. JAMDAR, J.

DATED : AUGUST 9, 2023 P.C.:

1.

The Civil Application is taken out to bring on record legal heirs of deceased Appellant. The Appellant passed away on 3rd December 2007 and the Civil Application is taken out on 5th October 2015. There is considerable delay in filing the Civil Application. However, the Second Appeal is of the year 1994, the same has been admitted.

2.

For the reasons set out in the Civil Application, the

82-CA-28-2023.doc same is allowed in terms of prayer clauses (a) and (b). Amendment be carried out within a period of 14 days from today.

3.

The Civil Application is disposed of in above terms with no order as to costs.

[MADHAV J. JAMDAR, J.]