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Bombay High CourtCA/5988/2018admittedallowedgrantedrule absolute

Keshav Rangnath Ekbote, Deceased Through His L.Rs. Ramesh Keshav Ekbote v. Sambhaji Shripati Bankar, Since Deceased Through His L.Rs. Babai Sambhaji Bankar And Others

2018-07-06Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice Arun M. Dhavale2 pages

{1} 914CA5988-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5988 OF 2018 IN LETTERS PATENT APPEAL NO.187 OF 2010 IN WRIT PETITION NO.2005 OF 1991 Keshav Rangnath Ekbote, (Deceased through his legal heir) Ramesh s/o Keshav Ekbote, Age : 68 years, Occu : Pensioner & Agri.

R/. Bhingar, Ahmednagar ...Applicant

Versus

Sambhaji s/o Shripati Bankar, (Since deceased, through his L.Rs.) and Others.

...Respondents

Mr. S.T. Shelke, Advocate for Applicant Mr. V.S. Badakh, AGP for Respondent-State CORAM : R.M.BORDE AND A.M. DHAVALE,JJ.

DATE: 6th JULY, 2018 PER COURT:- 1.

Heard. For the reasons recorded in the application, the application is allowed.

{2} 914CA5988-18 2.

In spite of service of notice, none appears for the legal heirs of the deceased respondent No.1 (c). The delay occurred in presenting application stands condoned. The abatement of the appeal against the concerned respondent stands set aside. The legal heirs of the deceased respondent No.1 (c) shall be brought on record. Necessary amendment be carried out within two weeks.

3.

List the L.P.A. for admission on 27.07.2018.

4.

The Civil Application is disposed of.

( A.M.DHAVALE ) ( R.M.BORDE ) JUDGE JUDGE mta