Sou. Saralabai Bhausaheb Patil v. Vishwanath Chanabasappa Birajdar - Patil (Deceased Thr. Lrs) And ORS.

Prodn-509-CA-14119.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.141 OF 2019 IN SECOND APPEAL NO.860 OF 2016 Sou. Saralabai Bhausaheb Patil ... Applicant Vs Vishwanath Chanabasappa Birajdar-Patil (Deceased through his heirs) 1A. Smt. Mahadevi Vishwanath Birajdar-Patil & Ors.

... Respondents ...

Mr. Ashok S. Pandri I/by Mr. Shrishail Sakhare for the Applicant/Appellant.

CORAM : SANDEEP K. SHINDE J.

DATE : 27 FEBRUARY, 2019 P.C. :

Not on board. Taken on Board.

Pending the appeal Respondent No.1A died on 11th December, 2012 and Respondent No.2(2) died on 27th September, 2018.

The applicant submits that interest of the deceased Respondent No.1A and 2(2) is represented by Respondent No.1B and Respondent Nos.2(3) to (9) respectively. The applicant, therefore, Shivgan 1/2

Prodn-509-CA-14119.odt prays that he may be permitted to carry out necessary amendment and the order dated 25th October, 2018 passed by the Registrar (Judl-II) may be set aside.

That for the reasons stated in the application, it is allowed and the order dated 25th October, 2018 passed by the Registrar (Judl-II) in Second Appeal No.860 of 2016 is recalled and set aside. Application is allowed in terms of prayer clause (a-i). Application is disposed of in the aforesaid terms. (SANDEEP K. SHINDE, J.) Shivgan 2/2