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Bombay High CourtCA/7251/2021disposed off

The Maharashtra State Cooperative Bank Ltd Through Its Authorised Person v. Digambar Vishwanath Mane Deceased Thr Lrs Arundhati Digamber Mane And Another

2021-08-02Hon'Ble Shri Justice Avinash G. Gharote2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.7251 OF 2021 IN WRIT PETITION NO.4420 OF 2019 The Maharashtra State Cooperative Bank Ltd., Aurangabad Applicant

Versus

Digamber s/o Vishwanath Mane, deceased, through LR & another Respondents Mr.Sandeep B. Gorde Patil, advocate for the Applicant. Mr.G.V.Mohekar, advocate for Respondent No.1. CORAM : AVINASH G. GHAROTE, J.

DATE : 02nd August, 2021.

PC :

This application seeks to bring Respondent No.1A as the sole legal heir of Respondent No.1. The learned Counsel for Respondent No.1 does not dispute that the person sought to be impleaded is the legal heir of deceased Respondent No.1. In view of the contention that on 19.07.2021, when the matter was listed, the knowledge of the demise of Respondent No.1 on 30.09.2019, was imparted to the petitioner, there does not appear to be any delay from the date of knowledge.

{2} ca725121.odt The application is accordingly allowed. Necessary corrections be carried out in the memo of writ petition within one week. Learned Counsel Mohekar waives notice for legal representative of Respondent No.1.

(AVINASH G. GHAROTE) JUDGE adb