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Bombay High CourtCA/560/2017admittedallowedgrantedrule absolute

Kamalbai Sopan Dhere v. Sakharam Tukaram Jare Lrs Vitthal And ORS

2017-07-17Hon'Ble Shri Justice Sangitrao S. Patil2 pages

ca560-2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 560 OF 2017 IN SECOND APPEAL NO. 88 OF 2016 (Sau. Kamalbai Sopan Dhere Vs. Sakharam Tukaram Jare, deceased through L.Rs.) -- Mr. Z.M. Pathan, Advocate for the applicant/ appellant Mr. R.R. Karpe, Advocate for respondent No.1-A to 1-D and 2 -- CORAM : SANGITRAO S. PATIL, J.

DATE : 17th JULY, 2017 PER COURT :

Heard the learned counsel for the applicant and that of the legal heirs of the deceased respondent No.1.

2.

For the reasons mentioned in the application, which are satisfactory, the delay in bringing the legal representatives of the deceased respondent No.1 on record is condoned in the interest of justice. The abatement of appeal

ca560-2017 against respondent No.1 is set aside. The legal representatives of the deceased respondent No.1 be substituted them in his place forthwith.

3.

The civil application is accordingly allowed and disposed of.

[SANGITRAO S. PATIL] JUDGE npj/ca560-2017