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Bombay High CourtCA/12295/2016admittedallowedgrantedrule absolute

Kanhaiyalal Kaluram Lumawat Thr Lrs Vasantabai And Others v. Asaraji Kondiram Gadekar Lrs Ganesh Asraji Gadekar And ORS

2016-10-05Registrar2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 41 CIVIL APPLICATION NO. 12293 OF 2016 IN SA/806/2006 WITH CA/12295/2016 IN SA/807/2006 KANHAIYALAL KALURAM LUNAWAT L.RS. VASANTABAI @ BASANTABAI KANHAIYALAL LUNAWAT &

VERSUS

ASARAJI KONDIRAM GADEKAR & ORS ...

Advocate present.

CORAM:

VIJAY S.KULKARNI REGISTRAR (JUDL) DATED: 05/10/2016 1.

The perusal of record and proceedings, it appears that the present Civil Applications have been filed by the applicant for bringing legal heirs of respondent No. 3- Prakash Gadekar. It is the contention of the applicant that, respondent No. 3 Prakash Gadekar died on 21.12.2015, leaving behind him legal heirs as contended in paragraph No. 2 of this Civil Application. These Civil Applications came to be filed on record shows that, Prakash Gadekar died on 21.12.2015, there is no contest to these Civil Applications. Thus, Civil Applications filed in time and there is no contest to these applications. Hence, I proceed to pass following order.

ORDER

A] The Civil Application No. 12293 of 2016 & Civil Application 12295 of 2016 are hereby allowed. B] The applicant are permitted to bring on 12293.2016 SA (Sr.No. 41) 1

record the legal heirs of deceased respondent NO. 3Prakash Gadekar. Necessary amendment be carried out within the period of limitation.

C] Accordingly, Civil Application stand disposed of.

REGISTRAR (JUDL) 12293.2016 SA (Sr.No. 41) 2