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Bombay High CourtCA/11389/2022application allowed

Vimalbai Gangaram Shingade And Another v. Bhagirtibai Rakhmaji Wayse And Other

2023-01-16Hon'Ble Ms. Justice Gauri Godse2 pages

40-CA-11389-2022 Pooja K.

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11389 OF 2022 IN APPEAL FROM ORDER NO. 57 OF 2017 Vimalbai Gangaram Shingade and Anr.

... Applicants

Versus

Bhagirtibai Rakhmaji Wayse and Ors.

... Respondents ...

Mr. A.T. Jagtap - Advocate for Applicants ....

CORAM : GAURI GODSE, J.

DATE : 16th January, 2023 PER COURT :

1.

This application is filed for bringing on record heirs and legal representatives of deceased respondent no.2.

2.

Office remark dated 16th December, 2022 shows that, respondent nos.2-1 to 2-4 are served.

3.

Learned counsel appearing for applicants state that, he has also given private notice to respondents and filed service affidavit. 4.

None appears for the heirs and legal representatives of deceased respondent no.2.

1/2

40-CA-11389-2022 5.

For the reasons stated in the application, application is allowed in terms of prayer clauses 'B' and 'C', which reads as under : "B) If there is any days delay caused in filing the civil application for bringing the LRs of respondent no.2 may please kindly be condone.

C) The legal heirs of the respondent no.2 may please kindly be brought on record for interest of Justice." 6.

Amendment to be carried out within two weeks from today. 7.

List the Appeal From Order for admission on 13th February, 2023.

8.

Interim order dated 6th February, 2018 to continue till next date. [ GAURI GODSE ] JUDGE 2/2