Basavraj Nagappa Bukka And ANR v. Mallinath Nagappa Bukka And ORS

38-CA 9382-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9382 OF 2022 IN REVIEW APPLICATION (STAMP) NO. 13051 OF 2021 IN SECOND APPEAL NO. 50 OF 2001 Basavraj Nagapa Bukka and another ... Applicants

Versus

Mallinath Nagappa Bukka and others ... Respondents Mr. V. V. Ingale, Advocate for the Applicants. Mr. Prashant K. Deshmukh, Advocate for Respondent Nos. 3-A and 3-B.

CORAM : BHARAT P. DESHPANDE, J.

DATED : 01st AUGUST, 2022.

PER COURT :- .

Heard.

2.

This is an application for bringing on record legal representatives of deceased respondent No. 3 in condonation of delay application alongwith review petition. The respondent No. 3 died on 01.03.2022. The application is filed within time. 3.

Learned counsel for respondent appears for all the legal heirs i.e. respondent Nos. 3-A to 3-F.

4.

Since the application is within time and right to sue survives to the legal heirs, the application needs to be allowed.

38-CA 9382-2022 5.

The application stands allowed. The applicants are permitted to bring on record legal heirs of deceased respondent No. 3 as mentioned in the application in paragraph No. 3. The cause title of Civil Application No. 2633 of 2022 shall be amended within a period of two (02) weeks from today.

6.

The learned counsel for respondent No. 3 waives service on behalf of legal heirs.

7.

The learned counsel has filed Vakalatnama for respondent Nos. 3-A and 3-B and undertakes to file Vakalatnama for remaining legal representatives.

8.

The application stands disposed of accordingly. (BHARAT P. DESHPANDE, J.) P.S.B.