Shankar Kashinath Vibhute Kadgaonkar Deceased Lrs. Nagnath And ORS v. Krishna Vithoba Kale Deceased Lrs. Bhagabai Deceased Sundarabai Deceased Lrs. Maruti And ORS

54-CA-12005-2022.odt SPChauhan

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12005 OF 2022 WITH CIVIL APPLICATION NO. 12006 OF 2022 WITH CIVIL APPLICATION NO. 2019 OF 2022 IN SECOND APPEAL NO. 377 OF 1991 Shankar Kashinath Vibhute Kadgaonkar Deceased LRs Nagnath and others ... Appellants

Versus

Krishna Vithoba Kale Deceased LRs Bhagabai Deceased Sundarabai Deceased LRs Maruti and others ... Respondents ....

Mr. Shomit Salunke h/f. Mr. S.S. Chaudhari - Advocate for Appellants ....

CORAM : GAURI GODSE, J.

DATE : 06th February, 2023 PER COURT :

1.

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

Office remark shows that notice is served upon respondent no. 2/D-i to 2/D-iii. The heirs and legal representatives of deceased respondent no. 2 are already served. None appears for them. 1/2

54-CA-12005-2022.odt 3.

For the reasons stated in the application, it is allowed in terms of prayer clause 'b'. Prayer clause 'b' reads thus : "b. The delay of about 814 days caused in filing the Civil Application for bringing the heirs and legal representatives of the deceased Vijay S/o. Bhagwat Narute on record may please be condoned, the deemed abetment order in respect of the deceased Vijay S/o. Bhagwat Narute may please be set aside and the applicants may please be allowed to amend the Second Appeal No.377/1991 by bringing the heirs and legal representatives of the deceased Vijay S/o. Bhagwat Narute on record."

4.

Amendment to be carried out within a period of two weeks from today.

Order passed in Civil Application No. 2019 of 2022 Stand over to 20th March, 2023, for the applicants to take steps. [ GAURI GODSE ] JUDGE 2/2