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Bombay High CourtCA/6594/2019disposed offdismissed for default

Vishal Balbhim Ghadge v. Balbhim Sambhaji Ghadge And Others

2019-09-27Hon'Ble Shri Justice V.L. Achliya2 pages

6594.19CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 963 CIVIL APPLICATION NO.6594 OF 2019 IN SA/161/2018 VISHAL BALBHIM GHADGE

VERSUS

BALBHIM SAMBHAJI GHADGE AND OTHERS ...

Advocate for Applicant : Mr.Abhay Deshmukh, Advocate holding for Mr.Patil Milind M.

(Beedkar) Advocate for Respondent nos.3B to 3E :

Mr.S.B.Solanke, Advocate holding for Mr.R.D.Khadap.

...

CORAM : V.L.ACHLIYA,J.

DATE : 27.09.2019 PER COURT:

1] This Application is filed to bring the legal heirs of deceased respondent no.3 on record for the reasons set out in detail in the application, with consequential delay in filing application for setting aside the abatement.

2] Heard learned counsel for the applicant and the respondents.

3] Appeal is yet to be admitted and the legal heirs of deceased respondent no.3 i.e.

3A to 3C and 3E are already served.

6594.19CA.odt Considering the reasons assigned and cause for prosecuting the Appeal survives as against respondent no.3, the Application is allowed in terms of prayer clauses 'B'

and 'C'.

4] Necessary substitution/amendment be carried out within two weeks.

5] Civil Application stands disposed of in above terms.

6] List the Appeal for admission on 11th November, 2019.

Interim relief, if any operating in Appeal, to remain in force till 11th November, 2019.

[V.L.ACHLIYA] JUDGE DDC