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Bombay High CourtCA/5317/2021admittedallowedgrantedrule absolute

Bhausaheb Manikrao Aware Died Thru Lrs Kesarbai Bhaurao Aware And ORS v. Bala Sattu Solas Died Thru Lrs Smt Chandrakalabai Kacharu Salve

2023-06-08Hon'Ble Shri Justice Arun R. Pedneker1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 956 CIVIL APPLICATION NO.3273 OF 2023 IN SA/341/2012 WITH CA/5317/2021 IN SA/341/2012 BHAUSAHEB MANIKRAO AWARE DIED THRU LRS KESARBAI BHAURAO AWARE AND ORS

VERSUS

BALA SATTU SOLAS DIED THRU LRS SMT CHANDRAKALABAI KACHARU SALVE ...

Advocate for Applicants : Mr. B.V. Thombre Advocate for Respondent 2 : Ms. Sawari M. Patil h/f. Mr. M.M. Patil (Beedkar) ...

CORAM : ARUN R. PEDNEKER, J.

DATED : 08/06/2023 PER COURT :

1.

The learned counsel for the applicants submits that Civil Application No. 3273/2023 is filed for bringing the legal heirs of appellant No. 2 on record. The learned counsel for the applicants submits that appellant Nos. 3, 4 and 5 are legal heirs of deceased appellant No. 2 and as such, no further steps are required to bring the legal heirs of deceased appellant No. 2 on record as the appellant Nos. 3, 4 and 5 are already on record. 2.

As far as appellant No. 1 is concerned, the learned counsel for the applicants submits that Civil Application No. 5317/2021 is filed for bringing his legal heirs on record. The learned counsel submits that legal heirs of appellant No. 1 are appellant Nos. 3, 4 and 5 and they are already on record.

3.

In view of the submissions made, Civil Application Nos. 3273/2023 and 5317/2021 are allowed. Abatment, if any, is set aside. Delay, if any, is condoned.

[ARUN R. PEDNEKER J.] ssc/