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Bombay High CourtCA/5619/2021disposed off

Ramesh Uttamrao Bhusare Thr His Power Of Attorney Holder Vishnu Baban Thange And Others v. Shri Saraswati Bhuwan Education Society Aurangabad Thr General Secretary And Another

2021-08-10Hon'Ble Shri Justice Mangesh S. Patil1 pages

942 CA 5619 21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 942 CIVIL APPLICATION NO. 5619 OF 2021 IN WP/5946/2021 RAMESH UTTAMRAO BHUSARE THR HIS POWER OF ATTORNEY HOLDER VISHNU BABAN THANGE AND OTHERS

VERSUS

SHRI SARASWATI BHUWAN EDUCATION SOCIETY AURANGABAD THR GENERAL SECRETARY AND ANOTHER ...

Advocate for Petitioners : Mr. Murkute J. M. (absent) Advocate for Respondents : Mr. P.F. Patni.

CORAM

: MANGESH S. PATIL, J.

DATE : 10.08.2021.

PER COURT :

Heard learned advocate Mr. Patni for the respondent/plaintiff. 2.

The Application is filed by the petitioners to bring on record the legal representatives of the petitioner No. 2 Sanjaykumar. After hearing the learned advocate Mr. Patni it transpires that the petitioner No. 2 Sanjaykumar has died during pendency of the suit and his legal representatives were also brought on record.

3.

It appears that unmindful of the above happenings the petition was filed as if the petitioner No 2 was alive on the date of filing of the petition. The mistake is apparent and can certainly be allowed to be cured when his legal representatives were already before the Trial Court. 4.

The Civil Application is allowed. Necessary correction be made in the title clause of the petition within two weeks. 5.

Stand over to 23.08.2021.

(MANGESH S. PATIL, J.) 1/1