Gaurishankar C Baswanti (Desd By Lrs) Shivanand Gaurishankar Baswanti And ORS v. Jagdevappa Changalappa Baswanti And ANR

910.CAS.1819.17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1819 OF 2017 IN SECOND APPEAL NO. 287 OF 2006 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mrs. Kavita P. Shinde I/by. A. B. Tajane for Applicants.

Mr. Samir Kumbhakoni for Respondent Nos. 1A to 1D.

------- CORAM : K. K. TATED, J.

DATE : DECEMBER 14, 2017 P.C.:

.

Heard learned Counsel for parties.

2.

This Civil Application is for deleting the name of Appellant No. 3E - Smt. Gurabai Gaurishankar Baswanti, who died on 10th April, 2017.

3.

The learned Counsel for Applicants submits that legal heirs of deceased Appellant No. 3E i.e. Appellant No. 1A to 1D, 2, 3B to 3D are already on record. She submits that in the interest of justice, this Hon'ble Court be pleased to allow the Applicant to delete the name of Applicant No. 3E from the cause title of Second Appeal and Yadav VG 1/2

910.CAS.1819.17 pending Civil Application as per the title of present Civil Application.

4.

Considering the submission made by the learned Counsel for Applicant and the reasons disclosed in Civil Application, Applicant has made out a case for allowing the Civil Application. Hence, the following order.

ORDER

(A) Civil Application is allowed in terms of prayer clause (a) which read thus :

"(a) The Applicants be permitted to delete the name of Appellant No. 3E as the heirs and legal representatives of Appellant No. 3E i.e. Appellant No. 1A to 1D, 2, 3B to 3D are already on record and the Applicants be permitted to correct the title of above Second Appeal No. 287 of 2006 and pending Civil Applications as per the title of present Civil Application."

(B) Applicant to carry out the amendment on or before 12th January, 2018.

(C) Amended copy of the Second Appeal to be served on the other side immediately thereafter.

(D) Civil Application stand disposed of accordingly.

(K.K.TATED, J.) Yadav VG 2/2