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Bombay High CourtCA/6343/2016admittedallowedgrantedrule absolute

Virsen Kumudrao Raje Nimbalkar v. Prataprao Bhupalrao Raje Since Deceased Thr His Lrs Sarvadaman Pratap Raje Nimbalkar And ORS

2017-11-16Hon'Ble Shri Justice K. K. Sonawane2 pages

921-ca6343.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 CIVIL APPLICATION NO. 6343 OF 2016 IN FA/998/2004 VIRSEN KUMUDRAO RAJE NIMBALKAR

VERSUS

PRATAPRAO BHUPALRAO RAJE SINCE DECEASED THR HIS LRS SARVADAMAN PRATAP RAJE NIMBAL ...

Advocate for Applicant : Mr. Hon Ashwin V.

CORAM

: K. K. SONAWANE, J.

DATE :

16th November, 2017 ORDER:

1.

Heard learned counsel for the applicant. The application is for seeking permission to bring the legal heirs of deceased respondent No.3 Santaji Bhupalrao Rajenimbalkar on record. It has been submitted that respondent No. 3 is no more and died on 20th October, 2015. The applicant is intending to bring the legal heirs of respondent No.3- Santaji on record but there is delay of one day in filing the application. Hence it is prayed that delay be condoned and the applicant be allowed to bring the legal heirs of deceased respondent No.3 on record.

2.

In view of the submissions and the reasons mentioned in the application, the application is allowed in terms of prayer clauses (A) and (B). The 1/2

921-ca6343.odt applicant is permitted to bring the legal heirs of Respondent No.3 on record. Delay in filing the application is hereby condoned. Applicant to carry out requisite amendment within two weeks.

Abatement of the proceedings following death of respondent No.3 stands quashed and set aside.

3.

Civil application stands disposed of in above terms.

(K. K. SONAWANE, J.) JPC 2/2