Bombay High CourtCAS/206/2016allowed

Shri. Shripati Tukaram Patil (Deceased Thr. Lrs) v. Shri. Prabhakar Shripatrao Nale And ORS.

2017-01-16Hon'Ble Shri Justice S.C. Gupte2 pages

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32. SA 133-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.206 OF 2016 IN SECOND APPEAL NO.133 OF 2016 WITH SECOND APPEAL NO.133 OF 2016 WITH CIVIL APPLICATION NO.207 OF 2016 Shri Shripati Tukaram Patil deceased through legal heirs a. Smt. Savitribai Shripati Patil And Others ...

Appellants

Versus

Shri Prabhakar Shripatrao Nale And Others ...

Respondents .....

Mr. P.S. Dani, Senior Advocate i/b Abhijit M. Adagule for the Appellants/Applicants.

None for the Respondents.

.....

CORAM : S.C.GUPTE, J.

DATE : 16 JANUARY 2017 P.C. :

Heard learned Counsel for the Appellants/Applicants. This second appeal is filed through legal heirs and representatives of the deceased original Appellant before the First Appellate Court. Civil Application No.206 of 2016 is duly served on the Respondents. The Respondents are absent despite service. For the reasons stated in the civil application, it is allowed in terms of prayer clause (c) and the Applicants

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32. SA 133-16.doc are permitted to prosecute the second appeal as legal heirs of deceased Appellant Shripati Tukaram Patil. The application is disposed of accordingly.

The Applicants shall serve the copy of this order on the Respondents alongwith the intimation of the next date of hearing of the Second Appeal. The second appeal is stood over to 30 January 2017 for admission. (S.C. GUPTE, J.)