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Bombay High CourtCA/826/2024disposed off

Virbhadrappa Mahadappa Rachatte L.Rs. Chandrashekhar Alias Chandrakant Virbhadrappa Rachatte v. Annasaheb Sitaram Deshmukh L.Rs. Sojarbai And Others

2024-03-14Hon'Ble Shri Justice Y. G. Khobragade2 pages

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914-ca-826-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO. 826 OF 2024 IN SA/347/2003 VIRBHADRAPPA MAHADAPPA RACHATTE L.RS. CHANDRASHEKHAR ALIAS CHANDRAKANT VIRBHADRAPPA RACHATTE

VERSUS

ANNASAHEB SITARAM DESHMUKH L.RS. SOJARBAI AND OTHERS ...

Advocate for Applicant : Mr. Vikram R. Dhorde Advocate for Respondent No.2-A : Ms. M.A. Kulkarni ...

WITH SECOND APPEAL NO. 347 OF 2003, CIVIL APPLICATION NO. 9090 OF 2014 IN X-OBJST/18416/2007, CIVIL APPLICATION NO. 11297 OF 2023 IN CA/892/2008 ...

CORAM

: Y. G. KHOBRAGADE, J.

DATE : 14.03.2024 PER COURT :

1.

The learned counsel appearing for the applicant seeks leave to delete the name of respondent No. 3 Sub Divisional Officer, Ausa (Taluka Ausa, District Latur as he is not necessary party). Leave granted as prayed.

2.

By the present application, the applicant prayed for permission to bring the legal heirs of the deceased respondent No.1, who died on

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914-ca-826-24 14.10.2023 during the pendency of present appeal. According to the applicant except Smt. Sojarbai w/d Annasaheb Deshmukh, no other person is legal representative of the deceased respondent No.1. So also this dispute of legal heirs is disclosed by the non-applicant in Civil Application No. 827/2024 in X-Objection (ST) No.18416/2007 in Second Appeal No. 347/2003. As per order dated 24.01.2024 though the learned counsel for the applicant sought time to carry out necessary amendment to bring other legal heirs or legal representatives of deceased non-applicant on record, but today he has declined to do so. 3.

Accordingly, the applicant to carry out necessary amendment within a period of two weeks from today.

4.

Stand over to 28.03.2024.

(Y. G. KHOBRAGADE, J.) shp