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Bombay High CourtCA/4617/2016admittedallowedgrantedrule absolute

Manjabai Eknath Shewale Died Lrs Ganesh And ORS v. Bhikaji Tukaram Ambhore And ORS

2016-04-07Hon'Ble Shri Justice T.V. Nalawade1 pages

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 947 CIVIL APPLICATION NO. 4617 OF 2016 IN SA/1/2013 WITH SA/14/2013 MANJABAI EKNATH SHEWALE DIED LRS GANESH AND ORS

VERSUS

BHIKAJI TUKARAM AMBHORE AND ORS ...

Advocate for Applicants : Irale Patil D.R.

Advocate for Respondents 15 & 16 : A.G. Godhamgaonkar ...

CORAM : T.V. NALAWADE, J.

DATED : 7th April, 2016.

ORDER :

1.

The application is filed for giving permission to bring the legal heirs of appellant No. 1 in Second Appeal No. 1/2013. The application is in time. So, the application is allowed. Amendment is to be carried out immediately.

2.

In Second Appeal No. 14/2013 which is filed by respondents of Second Appeal No. 1/2013, the learned counsel for appellants submitted that information about the death of the appellant was received recently and after that the application is filed to bring the legal heirs of deceased respondent No. 15 on record. Other side is heard. Learned counsel Shri. Godhamgaonkar who has filed appearance for respondent No. 15 and 16 in Second appeal No. 1/2013 is heard. The application is allowed. Amendment is to be carried out immediately and in appeal, notice is waived by learned counsel Shri. Irle Patil. [ T.V. NALAWADE, J. ] ssc/