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Bombay High CourtCA/5514/2018disposed offdismissed for default

Pralhad Ansiram Sadal (Died) Thr Lrs Ratnamala And ORS v. Gulabsa Jinasa Bande And ORS

2018-06-15Hon'Ble Shri Justice K. K. Sonawane2 pages

1 927-CA-5514-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5514 OF 2018 IN FA/1010/2007 PRALHAD ANSIRAM SADAL (DIED) THR LRS RATNAMALA AND ORS

VERSUS

GULABSA JINASA BANDE AND ORS ...

Advocate for Applicants : Mr.Nitin Jagadale h/f. Adv. V. D. Salunke. Advocate for Respondent No.1 : Mr. U. S. Malte. Advocate for Respondent No.2 : Mr. E. P. Sawant. ...

CORAM : K.K. SONAWANE, J.

DATED : 15th JUNE, 2018.

Order :- Heard Mr. Jagdale h/f. Mr. Salunke, learned counsel for applicants and learned counsel for respondents No.1 and 2 as well as learned counsel for respondent No.3- Insurance Company. Perused the application.

2.

Learned counsel for applicants submits that appellant Pralhad s/o. Ansiram Sadal is no more and he passed away on 23-02-2012. The applicants are intending to bring legal representatives of deceased appellant Pralhad on record. The applicants have produced copy of death certificate of deceased Pralhad and succession certificate issued by Grampanchayat authority of Village Akoli, Tauka Jintur, District Parbhani on record. Therefore, learned counsel for applicants prayed to allow the application for bringing legal representatives of deceased appellant on record by condoning the delay for filing the present petition.

2 927-CA-5514-18 3.

In view of submissions and reasons mentioned in the application, there is no impediment to allow the application as prayed. Hence, civil application for bringing legal representatives of deceased appellant stands allowed in terms of prayer clause 'B' and 'C'. The delay caused for filing present application is hereby condoned. The abatement of proceedings against deceased appellant stands quashed and set-aside. The applicants to take requisite steps for bringing legal representatives of deceased appellant on record by necessary amendment within two weeks. The applicants to serve the amended copy to both counsel appearing on behalf of respondents. 4.

The civil application stands disposed of in above terms accordingly.

[ K. K. SONAWANE ] JUDGE rrd.