Shantabai Purushottam Nagarkar v. Parvatibai Bapusaheb Modak And ORS

ca140.04 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.140 OF 2004 IN SECOND APPEAL NO. 430 OF 2000 (Mangala Dattatraya Kuchekar Vs Parvatibai Bapusaheb Modak through Lrs) Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM :

A.V. NIRGUDE,J.

DATED :

22.07.2015 Mr.R.S.Deshmukh, Advocate for the applicant.

Mr.V.S.Bedre, Advocate for the respondent No.1.

1.

Heard.

2.

In this Civil Application, Mangala claimed that she is one of the legal representatives of respondent No.

1-Shantabai, who died during pendency of the Second Appeal. The appellant brought some persons on record as legal representatives of Shantabai, but did not bring Mangala as such. The statement of Mangala that she is one of the legal representatives of Shantabai, is again in challenge. Therefore, the

ca140.04 application deserves to be allowed.

3.

The application is pending since 2004 and yet the statement of Mangala has not been controverted.

4.

The application stands allowed, as prayed.

5.

The amendment be carried out.

The delay stands condoned.

5.

The civil application stands disposed of accordingly.

[A.V. NIRGUDE,J.] VishalK/ca140.04