Digamber Ramji@Rama Phedewad Died Through Lrs Shantabai And Others v. Sheshabai Datta Phedewadi And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 CIVIL APPLICATION NO.9149 OF 2021 IN SA/41/2020 DIGAMBER RAMJI@RAMA PHEDEWAD DIED THROUGH LRS SHANTABAI DIGAMBER PHEDEWAD AND OTHERS

VERSUS

SHESHABAI DATTA PHEDEWADI AND OTHERS ...

Advocate for Applicants : Mr. Deshmukh Arvind Advocate for Respondent No.1 : Mr. S. B.Bhapkar ...

CORAM : SMT.VIBHA KANKANWADI, J.

DATE : 03-12-2021.

ORDER :

1.

Present application has been filed for bringing the legal representatives of respondent No.3/3 on record. 2.

Along with the application certificate was produced stating that there is no such entry regarding death of Keshav Laxmanrao Shinde (respondent No.3/3). Under such circumstances, the orders were passed by this Court on 02-09-2021 and then on 16-11-2021, however, on 16-11-2021 the report that was received from the serving Court to this Court on 09-11-2021 was not attached and now it is attached. Along with the report, statement of the elder brother of deceased Keshav has been taken and a photocopy of death certificate has been produced which shows that said Keshav Laxmanrao Shinde expired at Renukai Multispeshality Hospital, Near LIC Office Maharana Pratap Chowk, Nanded. Therefore, it appears that there was no entry in the Grampanchayat Office of Batala-Kinala, Taluka Bhokar District

CA 9149-2021 Nanded. Now the certificate is on record and, therefore, the application which is within limitation and right to sue survives, it is necessary that the legal representatives of respondent No.3/3 should be brought on record. Accordingly, the application stands allowed and disposed of.

3.

Necessary amendment be carried out on or before 03-012022. (SMT. VIBHA KANKANWADI) JUDGE vjg/-