Rajubai Uttamrao Fulzalke And Another v. Balubai Uttamrao Fulfalke And Others

9183.18CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 949 CIVIL APPLICATION NO.9183/2018 IN SAST/17875/2018 RAJUBAI UTTAMRAO FULZALKE AND ANOTHER

VERSUS

BALUBAI UTTAMRAO FULFALKE AND OTHERS ...

Advocate for Applicants : Mr.H.V.Tungar ...

CORAM : V.L.ACHLIYA,J.

DATE : 04.10.2019 PER COURT:

1] The present Application is filed to bring the legal heirs of deceased respondent nos.6 and 7 on record in the application seeking condonation of delay as well as appeal filed by the appellants.

2] In brief, it is the contention of the learned counsel for the applicants - appellants that subsequent to the decision of the First Appellate Court, the respondent nos.6 and 7 are reported to have died.

3] On due consideration of the submissions advanced and the fact that the application seeking condonation of delay has been filed in Appeal and the same is still at the stage of hearing, the present Application

9183.18CA.odt to bring the legal heirs of deceased respondent nos.6 and 7 on record can be allowed. Accordingly, the Application is allowed in terms of prayer clauses 'B' and 'C'.

4] Necessary substitution/amendment be carried out within one week.

5] Civil Application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE DDC