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Bombay High CourtCA/3752/2020application allowed

Bhagubai Devram Bhagat Lrs Changdeo And Others v. Devram Kundlik Bhagat (Dead) And Others

2021-08-06Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 CIVIL APPLICATION NO.3752 OF 2020 IN SA/951/2018 BHAGUBAI DEVRAM BHAGAT LRS CHANGDEO AND OTHERS

VERSUS

DEVRAM KUNDLIK BHAGAT (DEAD) AND OTHERS ...

Mr. D.R. Adhav, Advocate for applicants Mr. K.A. Kale, Advocate for the respondent No.2 ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE :

06th AUGUST, 2021.

PER COURT :

Present application has been filed to bring the legal representatives of the appellant No.2 on record. He expired on 18.01.2019 and the application has been filed on 15.04.2019. It is within limitation. Appellants are the original plaintiffs, who had filed suit for declaration, partition and permanent injunction. Under such circumstance, the right to sue survives, and therefore, application stands allowed. Legal representatives be brought on record. Necessary amendment be carried out within a period of one week.

CA_3752_2020 Place the matter for further consideration on 27.08.2021. ( Smt. Vibha Kankanwadi, J. ) agd