Laxmibai Jalba And Another. v. Honaji Kolana Waddewar.

19sa273-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 19 SECOND APPEAL NO. 273 OF 1997 LAXMIBAI JALBA AND ANOTHER.

VERSUS

HONAJI KOLANA WADDEWAR.

WITH CIVIL APPLICATION NO. 1627 OF 2008 IN SA/273/1997 HONAJI KOLANA WADDEWAR AND ORS

VERSUS

LAXMIBAI JALBA AND ANR ...

Mr. Mr. A. G. Godhamgaonkar., Advocate for Appellants Mr. Jay Veer, Advocate for the Respondent/ applicant.

CORAM

: Y. G. KHOBRAGADE, J.

DATE : 1st April, 2024 ORDER:

1.

By the present application, the applicant has put forth prayer clause (B) as under:

"(B) The Second Appeal No. 273 of 1997 may kindly be directed to be dismissed as abated against the sole respondent in the second Appeal/Original Plaintiff namely Honaji, who died on 05.09.1999 and whose L.Rs. are not brought on record till this date in spite of Purshis being filed long back on 05.05.2000 in Registry."

2.

Since sole respondent in the second Appeal/Original Plaintiff namely Honaji died on 05.09.1999 and his legal heirs are not brought on record till date of filing of the application inspite of purshis being

19sa273-19 filed on 05.05.2000, the appeal is abated against the sole respondent/original plaintiff.

3.

Civil application is disposed off.

( Y. G. KHOBRAGADE, J. ) JPChavan