Dattaram Govindrao Kale. v. Rajmani Ishwarlal Nandawani And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3043 OF 2016 IN SECOND APPEAL NO.386 OF 1991 Dattaram Govindrao Kale ...

Applicant

VERSUS

Rajmani Ishwarlal Nandwani & others ...

Respondents

CORAM:

VIJAY S.KULKARNI REGISTRAR (JUDL) DATED: 09/03/2016 1.

By this application, the applicant has prayed for bringing L.Rs. of deceased respondent no.2 Govindram Dattaram Kale on record. It has been mainly contended by the applicant that respondent no.2 Govindrao Kale died on 22.12.2015 at Apollo Hospital, Hyderabad. A copy of death certificate filed on record shows that Govindrao Kale died on 11.12.2015 at Apollo Hospital, Hyderabad. His death has been registered on 15.12.2015. On going through the record, it appears that date of death of deceased respondent no.2 as stated in para no.1 of the present civil application appears to be incorrect whereas he is reported to be dead on 11.12.2015. The present civil application is filed on 24.02.2016.

The office endorsement shows that present application is filed in time. There is no contest to the present application. ca3043.16

2.

In the facts and circumstances and after having considered the pros and cons of the matter, I find no difficulty to pass following order.

ORDER

Civil Application No. 3043 of 2016 is allowed. The applicant is permitted to bring on record L.Rs. of deceased respondent no.2 Govindrao Kale as respondent nos.2-a to 2-e, within a period of limitation. Necessary amendment be carried out within 14 days from the date of this order without fail. Civil application stands disposed of accordingly.

REGISTRAR (JUDL) ca3043.16