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Bombay High CourtCA/5606/2018admittedallowedgrantedrule absolute

Shivraj Bhagwantrao Deshmukh v. Vaijanathappa Bhujangappa Tamshette

2018-08-10Hon'Ble Shri Justice P.R. Bora2 pages

1 5606.2018CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

917 CIVIL APPLICATION NO.5606 OF 2018 IN SA/467/2015 WITH CA/11227/2015 IN SA/467/2015 WITH CA/10288/2017 IN SA/467/2015 SHIVRAJ BHAGWANTRAO DESHMUKH

VERSUS

VAIJANATHAPPA BHUJANGAPPA TAMSHETTE ...

Shri Joslyn Menejes, Advocate h/f. Shri P.S. Paranjape, Advocate for the applicant Shri A.A. Mukhedkar, Advocate for respondent ...

CORAM : P.R. BORA, J.

Dated: August 10, 2018 PER COURT :- 1.

Heard learned Counsel appearing for the applicant. 2.

This is an application for taking the legal heirs of deceased respondent on record. The leaned Counsel, Shri Mukhedkar submitted that, he has instructions to appear for the legal heirs of the deceased respondent and he will be filing his Vakalatnama in the Registry within two weeks. Learned Counsel was fair enough in submitting that, the application can be allowed and the legal heirs of the deceased respondent can be taken on record.

2 5606.2018CA.doc 3.

In view of the submissions so made, the following order is passed.

ORDER

(i) Civil Application No.5606 of 2018 is allowed. (ii) The legal heirs of deceased respondent, as are mentioned in the application, be taken on record. Necessary amendment be carried out within two weeks.

(iii) Delay caused in filing the application is condoned. (iv) Abatement, if any, stands set aside.

(v) List the matter for further consideration after four weeks. ( P.R. BORA, J. ) ...

ggp