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Bombay High CourtCA/8736/2020admittedallowedgrantedrule absolute

Ghanshyamdas Chinkumal Saheswani Deceased Lrs. Anilkumar Ghanshyamdas Saheswani And Others v. Hiralal Ramchandra Saheswani

2021-02-09Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

940-ca-8736-2020.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 940 CIVIL APPLICATION NO.8736 OF 2020 IN SA/485/2018 GHANSHYAMDAS CHINKUMAL SAHESWANI DECEASED LRS. ANILKUMAR GHANSHYAMDAS SAHESWANI AND OTHERS

VERSUS

HIRALAL RAMCHANDRA SAHESWANI ...

Advocate for Applicants : Mr. Shah Subodh P.

Advocate for Respondent : Mr. R.S. Wani ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATED : 09th February, 2021 PER COURT:- .

Present application has been fled to bring legal representatives of the appellant on record, who expired on 02.04.2020. It is stated that the wife of the appellant also expired on 12.05.2020.

2.

Present application has been fled within limitation. The suit was for possession on the basis of title and therefore, the right to suit survives. Since the application is within limitation, there is no hurdle to allow the present applicants to bring them as legal representatives of deceased appellant on record. Hence, the application stands allowed and disposed off.

3.

Legal representatives of the appellant be brought on record within a period of one week. After legal

940-ca-8736-2020.odt (2) representatives are brought on record, issue notice to those legal representatives, returnable on 10.03.2021. (SMT. VIBHA KANKANWADI, J.) Mujaheed//