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Bombay High CourtCA/7824/2019disposed off

Nandabai Rangnath Sable Alias Nandabai Rangnath Kamble And Another v. Sulochana Anna More And Others

2024-02-07Hon'Ble Shri Justice Arun R. Pedneker2 pages

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 942 WRIT PETITION NO. 4972 OF 2019 NANDABAI RANGNATH SABLE ALIAS NANDABAI RANGNATH KAMBLE AND ANOTHER

VERSUS

SULOCHANA ANNA MORE AND OTHERS ...

Advocate for the Petitioner : Mr. Shinde Chandrakant K. Advocate for Respondents No.1 and 2: Ms. Savita Parmeshwar Kakade (Matkar) ...

WITH CIVIL APPLICATION NO. 7824 OF 2019 IN WP/4972/2019 ....

CORAM : ARUN R. PEDNEKER, J.

Dated : February 07, 2024 PER COURT :- 1.

The learned Advocate for the petitioner submits that he was aware of the demise of respondent No.3/2 after the report of Bailiff was received and notice issued to respondent No.3/2 returned unserved. As such, by order dated 14/06/2019 this Court permitted the applicant to bring legal heirs of deceased respondent No.3/2 on record. Thereafter, the death certificate of deceased respondent No.3/2 was obtained and Civil Application No.7824 of 2019 is filed on 24/06/2019 for condonation of delay caused in filing the application for taking legal heirs of the deceased respondent No.3/2 on record. The notice issued to legal heirs of deceased respondent No.3/2 was served but none has entered appearance.

2.

In view of the above, for the reasons stated in Civil Application

942 WP 4972-2019 No.7824 of 2019, the said application is allowed and disposed of. 3.

The applicants to bring on record legal heirs of deceased respondent No.3/2. Amendment be carried out within a period of two weeks.

4.

List the writ petition on 06/03/2024.

( ARUN R. PEDNEKER, J. ) vj gawade/-.