Nirmalbai Vasudeo Mahajan v. Ramchandra Yadav Mali (Mahajan) And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 CIVIL APPLICATION NO.8824 OF 2021 IN SA/72/2016 RAMCHANDRA YADAV MALI (MAHAJAN) AND OTHERS

VERSUS

NIRMALBAI VASUDEO MALI (MAHAJAN) LRS GULAB AND OTHERS ...

Advocate for Applicants : Mr. S. B. Yawalkar Advocate for Respondent No.1 : Mr.S.T.Mahajan h/f Mr. Waramaa B.R. ...

WITH CIVIL APPLICATION NO.8825 OF 2021 IN CA/7062/2019 IN SA 72/2016 ...

CORAM : SMT.VIBHA KANKANWADI, J.

DATE : 09-09-2021.

ORDER :

1.

Present application has been filed to bring the legal representatives of deceased appellant on record. He expired on 2403-2021. The suit that was filed was for partition and separate possession which came to be decreed. The appeal filed by original defendants has been dismissed. They have come before this Court in second appeal.

2.

Under such circumstances, the right to sue survives. The civil application is within limitation and, therefore, the application stands

CA 8824-2021 allowed and disposed of.

3.

The legal representatives of the appellant be brought on record on or before 16-09-2021.

4.

In view of Civil Application No.8824 of 2021 is allowed, Civil Application No.8825 of 2021 filed by the respondent for the same cause, stands disposed of.

(SMT. VIBHA KANKANWADI) JUDGE vjg/-