Shivnath Dagdu Dhage. v. Anusaya Namdeo Walake Thr Lrs Chandrabhan Namdeo Walke And ORS

CA No. 8552/2012 & Ors.

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD

946. CA/8552/2012 In SA/187/1994 WITH CA/11650/2008 In SA/187/1994 WITH CA/15103/2011 In SA/187/1994 WITH CA/8553/2012 In SA/187/1994 SHIVNATH DAGDU DHAGE V/S ANUSAYA NAMDEO WALAKE DIED THROUGH LRS CHANDRABHAN NAMDEO WALKE AND ORS.

Mr. R.D. Bhalerao, Advocate for applicants.

CORAM : T.V. NALAWADE, J.

DATED : 27th August, 2015.

ORDER :

1.

Civil Application Nos. 8552 and 8553 of 2012 are filed for brining legal heirs of deceased respondents on the record.

2.

The first application is filed for brining legal heirs of deceased respondent No. 4 on record and delay of 4175 days is caused. Notice of this proceeding is served on respondent Nos. 4(1), 4/2(A), 4/2(B), 4/2(c), 4/2 (D-1) and 4/2 (D-2). Nobody has turned up for these respondents. In view of the contents of the application and submissions made, the application is allowed. Delay is condoned. The appellant is allowed only to bring the aforesaid legal heirs on the record. Amendment is to be carried out immediately. Notice is to be issued to the aforesaid legal

CA No. 8552/2012 & Ors.

heirs in the second appeal, made returnable on 15.10.2015. 3.

In the second application, notice is served on respondent Nos. 5(2), 5(4). In view of this circumstance, contentions made in the application and submission that information was not given, the application is allowed. Delay is condoned. Permission is granted only to bring aforesaid two legal heirs of respondent No. 5 on record. Amendment is to be carried out immediately. In second appeal, notice is to be issued to these two respondents only, made returnable on 15.10.2015. 4.

Both the applications are disposed of.

[ T.V. NALAWADE, J. ] ssc/