← Library
Bombay High CourtCA/8816/2021application allowed

Vasant Ambadas Galande Lrs Nilawati And Others v. Hasan Dulumiyan Pathan Thr Lrs Bismilabee And ORS

2021-09-07Hon'Ble Smt. Justice Vibha Kankanwadi1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO.8816 OF 2021 IN SA/333/2008 VASANT AMBADAS GALANDE LRS NILAWATI AND OTHERS

VERSUS

HASAN DULUMIYAN PATHAN THR LRS BISMILABEE AND ORS ...

Advocate for Applicants : Mrs. M A Kulkarni Mr. V.D. Salunke, Adv. For R/1/2 ,2(i) To 2(iii) In SA, ...

CORAM : SMT. VIBHA KANKANWADI, J.

Dated: September 07, 2021 ...

PER COURT :- 1.

Present application has been filed for bringing the legal representatives of original appellant on record. 2.

Original appellant Vasant Ambadas Galande expired on 18.12.2020. In view of extension of limitation by the Hon'ble Apex Court due to pandemic situation, the present application is within limitation. The second appeal was admitted on 1.12.2010 by framing substantial questions of law. The suit was for declaration of ownership and perpetual injunction and the original appellant herein was original defendant. Under such circumstance, the right to sue survives against the present applicants. Therefore, the application stands allowed and disposed of.

3.

The legal representatives of the appellant be brought on record. Necessary amendment be carried out within a period of two weeks.

( SMT. VIBHA KANKANWADI, J. ) BDV