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Bombay High CourtCA/608/2024admittedallowedgrantedrule absolute

Vishal Balbhim Ghadge v. Balbhim Sambhaji Ghadge L.Rs. Kausalyabai And Others

2024-01-15Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 14 CA-608.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 14 CIVIL APPLICATION NO. 608 OF 2024 IN SA/161/2018 WITH SECOND APPEAL NO. 161 OF 2018 WITH CIVIL APPLICATION NO. 2776 OF 2018 IN SA/161/2018 VISHAL BALBHIM GHADGE

VERSUS

BALBHIM SAMBHAJI GHADGE L.RS. KAUSALYABAI AND OTHERS ...

Mr. A.R. Muley, Advocate holding for Mr. A.G. Deshmukh, Advocate for the applicant.

Mr. R.D. Khadap, Advocate for respondent Nos. 3B to 3E. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

15 January 2024 ORDER:- IN CIVIL APPLICATION NO. 608 OF 2024 :

1.

Heard rival submissions.

2.

The applicant/appellant is seeking permission to delete the name of respondent No.1 Balbhim Sambhaji Ghadge since he died on 20.07.2023 by contending that his legal heirs are already on record.

3.

Learned Counsel for respondent Nos. 3-B to 3-E did not raise any strong objection. The learned Counsel for other respondents remained absent. Therefore, considering the averments made in the application, the name of respondent

(2) 14 CA-608.2024.odt No.1 Balbhim Sambhaji Ghadge is allowed to be deleted from the title clause of second appeal as well as pending civil application No. 2776 of 2018. The necessary amendment be carried out within stipulated period.

4.

The application is accordingly disposed of.

5.

List the second appeal and other application 29.01.2024. Interim relief if any granted earlier, to continue till then. (SANDIPKUMAR C. MORE, J.) vd_dhirde