Bhima Maruti Kshirsagar Thr Lrs And ORS v. Nagnath Shankar Kshirsagar Die Lrs Shakuntala And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 3 CIVIL APPLICATION NO.6569 OF 2021 IN SA/493/2006 WITH CA/6570/2021 IN SA/494/2006 BHIMA MARUTI KSHIRSAGAR THR LRS AND ORS

VERSUS

NAGNATH SHANKAR KSHIRSAGAR DIE LRS SHAKUNTALA AND ORS ...

CORAM:

H.M.BHOSALE REGISTRAR (JUDL) DATED: 04/08/2021 1.

The Civil Application No.6569/2021 in Second Appeal No.493/2006 and the Civil Application No.6570/2021 in Second Appeal No.494/2006 are preferred by the appellants to bring on record legal heirs of Dattatraya Maruti Kshirsagar who is appellant no.6 in Second Appeal No.493/2006 and appellant no.9 in Second Appeal No.494/2006, who expired on 18.01.2021. In support of averments in the applications, death certificate of Dattatraya Maruti Kshirsagar is filed on record. It is evident from the death certificate that Dattatraya Maruti Kshirsagar expired on 18.01.2021. The Civil Applications are filed on 9.4.2021 and same are within limitation.

2.

Considering above and by virtue of the provisions under Chapter II Rule 3 sub rule (i) of the Bombay High Court Appellate Side Rules, both the civil applications are allowed. The necessary amendment be carried out within stipulated period.

REGISTRAR (JUDL) 3 CIVIL APPLICATION NO.6569 OF 2021