Narayan Mareappa Kambale v. Dilip Shankar Swami And Others

CA-4231-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4231 OF 2014 IN FIRST APPEAL (ST) NO. 4278 OF 2013 Narayan Mareppa Kambale .. Applicant

VERSUS

Dilip Shankar Swami and others .. Respondents ---- Mr. S.S. Choudhary, Advocate for the applicant Mr. Ram Shinde, Advocate for the respondent no.1 ---- CORAM : M.T. JOSHI, J.

DATE : 06/01/2015 ORAL ORDER :

1.

Heard both sides.

2.

Though respondent no.3 - Kishan is not served in the present application, he is not a necessary party to the present application for bringing the LRs. of respondent no.2 on record.

3.

For the reasons stated in the application, the delay in filing the application for bringing on record the LRs. of deceased respondent no.2, is condoned. Though duly served, the legal representatives did not appear. In the circumstances, the application is

CA-4231-2014 allowed. The abatement is set aside and the applicant is directed to bring the LRs. of respondent no.2 on record within a period of two weeks from the date of this order.

4.

Civil Application is accordingly allowed and disposed of.

[M.T. JOSHI] JUDGE arp/