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Bombay High CourtCA/4393/2019admittedallowedgrantedrule absolute

Gajanan Shankar Ghodgaonkar Through His Power Of Attorney Holder, Vivek Madhukar Shirvalkar v. Purushottam Shankar Ghodgaonkar And Others

2019-12-06Hon'Ble Shri Justice V.K. Jadhav1 pages

ca4393.19 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 CIVIL APPLICATION NO. 4393 OF 2019 IN APPEAL FROM ORDER NO.8 OF 2018 WITH CA/661/2018 IN AO/8/2018 WITH CA/4194/2018 IN CA/661/2018 WITH CA/10946/2018 IN RAST/24132/2018 GAJANAN SHANKAR GHODGAONKAR THROUGH HIS POWER OF ATTORNEY HOLDER, VIVEK MADHUKAR SHIRVALKAR

VERSUS

PURUSHOTTAM SHANKAR GHODGAONKAR AND OTHERS .....

Advocate for Petitioner : Mr. Joshi Sujeet D Advocate for Respondents : Mr. R.R. Sancheti h/f Mr. R.R. Mantri .....

CORAM : V. K. JADHAV, J.

DATED : 6th DECEMBER, 2019 PER COURT:- 1.

Heard learned counsel for the applicant. Learned counsel submits that though respondent No. 2-a appeared in the suit, however, he had chosen not to file any written statement to contest the suit. Learned counsel thus seeks exemption to bring legal heirs of respondent No.2-a on record. In view of the provisions of Order XXII Rule 4 of C.P.C. the exemption is hereby granted. 2.

Civil Application No. 4393 of 2019 is allowed in terms of alternate prayer clause "B" and disposed of accordingly. ( V. K. JADHAV, J.) rlj/