Shrikant Dattatraya Nayakude v. Champabai Ravaso Nayakude (Bhoje) And Others

43.838-15-cas FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.838/2015 IN SECOND APPEAL NO.376/2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. G. S. Godbole i/b. Sumit S. Kothari for the Applicant CORAM : K. K. TATED, J.

DATE : OCTOBER 16, 2015 P.C.:

1.

Heard. This Application is made by the Plaintiff for leave to appeal against the legal heirs of Respondent No.9 who died on 31/07/2015 i.e. after passing the impugned impugned judgment and decree dated 23/07/2014 by the Appellate Court.

2.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application and as the Respondent No.9 original Defendant No.2 expired after passing the judgment and decree by the Appellate Court on 23/07/2014, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

Basavraj G Patil 1/2

43.838-15-cas 3.

Hence, the following order:

a) Liberty granted to the Applicant Plaintiff to prosecute the Second Appeal against the legal heirs of deceased Respondent No.9 original Defendant No.2 b) Civil Application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2