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Bombay High CourtCA/3734/2019admittedallowedgrantedrule absolute

Machindra Dagadu Shinde v. Dagadu Jagdev Shinde Died Through Lrs Dattatraya And Others

2019-06-19Hon'Ble Shri Justice V.L. Achliya2 pages

(1) 929 CA 3734.2019 in S.A. 328.2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 CIVIL APPLICATION NO. 3734 OF 2019 IN SA/328/2013 MACHINDRA DAGADU SHINDE

VERSUS

DAGADU JAGDEV SHINDE DIED THROUGH LRS DATTATRAYA AND ORS.

......

Mr. S.K.Naikwade, Advocate for Applicant.

Mrs. M.A.Kulkarni, Advocate for R - 3-A to 3-F. ......

CORAM : V.L.ACHLIYA, J.

DATE : 19/06/2019 ......

ORAL ORDER :

1.

This application is filed to bring L.Rs. of deceased respondent No. 1 on record.

2.

Heard learned counsel for applicant.

3.

The appeal is yet to be admitted. Considering the cause assigned to prosecute the appeal and as the appeal is yet to be admitted, I am inclined to allow the application.

4.

Accordingly, the application is allowed in terms of prayer clause 'B'. Necessary substitution as L.Rs. of respondent No. 1 be carried out in appeal as well as in application for stay within one week.

5.

After carrying the substitution, notice before admission be issued to the L.Rs. of respondent No. 1, returnable on 19/07/2019.

(2) 929 CA 3734.2019 in S.A. 328.2013 6.

S.O. 19/07/2019.

[V.L.ACHLIYA] JUDGE KNP.