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Bombay High CourtCA/3410/2020application allowed

Hausabai Dagdu Chavan And Others Through Gpa Walmik Dagdu Chavan v. Ashok Rajaram Patil Dongaonkar

2021-07-01Hon'Ble Smt. Justice Vibha Kankanwadi1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 CIVIL APPLICATION NO.3410 OF2020 IN SAST/5297/2019 HAUSABAI DAGDU CHAVAN THROUGH GPA WALMIK DAGDU CHAVAN

VERSUS

ASHOK RAJARAM PATIL DONGAONKAR ...

Advocate for Applicant : Lex Aquila ...

CORAM : SMT.VIBHA KANKANWADI, J.

DATE : 01-07-2021.

PER COURT :

1.

Present application has been filed for bringing the legal heirs of the sole appellant on record. The sole appellant expired on 09-112019 and this application is within limitation. 2.

Further, the sole appellant appears to be the original plaintiff who had filed suit for declaration and perpetual injunction in respect of an immovable property and, therefore, the right to sue survives. 3.

Hence, the application stands allowed in terms of prayer Clause 'B'. Application stands disposed of accordingly. 4.

Necessary amendment be carried out within a period of one (1) week.

(SMT. VIBHA KANKANWADI) JUDGE vjg/-