Umadevi Ramchandra Giri v. Taramati Ramnath Mohite And Others

1782.19CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 32 CIVIL APPLICATION NO.1782 OF 2019 IN SECOND APPEAL NO.803 OF 2018 UMADEVI RAMCHANDRA GIRI

VERSUS

TARAMATI RAMNATH MOHITE AND OTHERS ...

Advocate for applicant : Mr.S.S.Thombre, Advocate holding for D.N.Suryawanshi.

Advocate for Respondent nos.1 & 3 : Mr.Milind Patil ...

CORAM : V.L.ACHLIYA,J.

DATE : 05.08.2019 PER COURT:

1] The applicant-appellant has filed this Application to bring on record the legal heirs of deceased respondent no.2 on record.

2] Heard learned counsel for the applicant-appellant and respondent no.1.

Proposed legal heirs of deceased respondent no.2 though served absent.

3] On due consideration of the cause assigned for condonation of delay and cause of action survives to prosecute the Appeal, I am inclined to allow the Application.

1782.19CA.odt Accordingly, the Application is allowed in terms of prayer clauses 'A-1' and 'B'.

4] Necessary amendment be carried out within one week.

5] Amended copy of the memo of appeal be furnished to the respondents.

6] List the Appeal for admission on 19th August, 2019.

[V.L.ACHLIYA] JUDGE DDC