← Library
Bombay High CourtCA/5934/2023admittedallowedgrantedrule absolute

Rangnath Bapu Fopse Deceased Th Lrs Bhaskar Rangnath Fopse And ORS v. Shantaram Jagannath Fopse And ORS

2024-08-09Hon'Ble Shri Justice Sandipkumar C. More2 pages

1 915 sa 208-11

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 SECOND APPEAL NO. 208 OF 2011 WITH CIVIL APPLICATION NO. 5934 OF 2023 IN SA/208/2011 WITH CIVIL APPLICATION NO. 5191 OF 2015 IN SA/204/2015 WITH SECOND APPEAL NO. 683 OF 2022 RANGNATH BAPU FOPSE DECEASED TH LRS BHASKAR RANGNATH FOPSE AND ORS

VERSUS

SHANTARAM JAGANNATH FOPSE AND ORS ...

Mr. Joydeep S. Koday h/f Salunke Vasantrao D., Advocate for Appellants Mr. R. L. Kute, Advocate for Respondent Nos.1 & 2 Mr. Sonkawade A. D. h/f Mr. Hon Ashwin V., Advocate for Respondent Nos.3 & 4 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 09/08/2024.

P. C. :

1.

The learned counsel for rival parties submit that the Second Appeal No.204 of 2015 is not connected with the other two appeals, but it is wrongly tagged with those appeals. As such, the Second Appeal No.204 of 2015 is detagged.

2 915 sa 208-11 A) ORDER IN CIVIL APPLICATION NO.5934 OF 2023 :- 1.

Heard rival submissions.

2.

The applicants are seeking permission to bring on record legal representatives of deceased respondent No.2 Nivruti Jagannath Fopse, who admittedly died on 28/09/2022 by condoning the delay of 69 days.

3.

Though the application is opposed, but considering the right to sue, application stands allowed in terms of prayer clause -B & C subject to cost of Rs.500/- to be paid to the Registry, High Court, Aurangabad for utilization of Dispensary, High Court Aurangabad. 4.

Amendment be carried out within stipulated period and after deposit of costs.

5.

Civil Application No.5934 of 2023 is accordingly disposed of. 6.

List connected matters on 23/08/2024.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-