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Bombay High CourtCA/4231/2018disposed offdismissed for default

Pathan Fakirbhai (Died) Thr Lrs Bhaiya And ORS v. The State Of Maharashtra And Another

2018-03-23Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

1 1006-CA-4231-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ...

1006 CIVIL APPLICATION NO. 4231 OF 2018 IN FA/1055/2016 PATHAN FAKIRBHAI (DIED) TR LRS BHAIYA AND ORS

VERSUS

THE STATE OF MAHARASHTRA AD ANOTHER ...

Advocate for Applicants : Smt. Geetangali Jagtap h/f Mr. C. K. Shinde Chandrakant K.

AGP for Respondents: Mr. A.M. Phule CORAM : SUNIL P. DESHMUKH, J.

DATED : 23rd MARCH, 2018.

Order :- 1.

This is an application moved by legal heirs of deceased respondent No. 1- Pathan Fakirbhai in first appeal for bringing them on record as respondents in first appeal. 2.

Learned counsel for appearing parties do not have any particular objection to grant the application. 3.

In view of the same, civil application is allowed in terms of prayer clauses (B) to (D ).

4.

The appellants are permitted to bring on record the legal heirs of deceased respondent No. 1 - original claimant as shown in this civil application.

2 1006-CA-4231-18 5.

The delay caused in bringing legal heirs of deceased respondent No. 1 in appeal on record of first appeal stands condoned. Abatement of appeal, if any, is set aside. 6.

Appellants to carry out amendment to title clause of memorandum of appeal immediately.

7.

Civil application is accordingly disposed of. [ SUNIL P. DESHMUKH ] JUDGE MTK.