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Bombay High CourtCA/1055/2016admittedallowedgrantedrule absolute

Babu Sidling Ambulge And Others v. Sangnath Mahalingappa Ambulge And Others

2016-05-02Hon'Ble Shri Justice T.V. Nalawade1 pages

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 51 CIVIL APPLICATION NO. 1055 OF 2016 IN SA/58/1995 WITH CA/851/1995 IN SA/58/1995 WITH CA/7615/2011 IN SA/58/1995 WITH CA/4250/2015 IN SA/58/1995 BABU SIDLING AMBULGE AND OTHERS

VERSUS

SANGNATH MAHALINGAPPA AMBULGE AND OTHERS ...

Advocate for Applicants : Waramaa B.R.

...

CORAM : T.V. NALAWADE, J.

DATED : 2nd May, 2016.

ORDER :

1.

Civil Application No. 1055/2016 is filed for bringing the legal heirs of respondent No. 5 on record. The delay of more than 6469 is caused. It is the case of applicants that no intimation of death of respondent no. 5 was given. Notice of present proceeding is duly served on respondents. 2.

In view of these circumstances, submissions made and as nobody has turned up for respondents to oppose the application, the application is allowed. Delay is condoned. Amendment is to be carried out in appeal memo immediately. 3.

Notice to the legal heirs of deceased respondent No. 5, who are brought on record, made returnable on 4.7.2016. [ T.V. NALAWADE, J. ] ssc/