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Bombay High CourtCA/9415/2006disposed offdismissed for default

Vaijnath Sharanappa Ashture v. Parwatibai Sharanappa Ashture

2019-03-01Hon'Ble Smt. Justice Vibha Kankanwadi1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 SECOND APPEAL NO.781 OF 2006 WITH CA/9415/2006 IN SA/781/2006 VAIJNATH SHARANAPPA ASHTURE

VERSUS

PARWATIBAI SHARANAPPA ASHTURE ...

Advocate for Appellant : Mr. V D Gunale Advocate for Respondent : Mr. P. S. Shendurnikar ...

CORAM : SMT.VIBHA KANKANWADI, J.

DATE : 01-03-2019.

PER COURT :

.

Learned advocate for the respondent has filed on record death certificate. It is stated by the learned advocate for the appellant that the appellant is the only heir left by the respondent. The relationship will have to be taken into consideration. Respondent was the mother of appellant who is claiming to be adopted son. Respondent expired on 11-03-2009. It cannot be accepted that, appellant had no knowledge about death of his mother. So also it is to be noted that, the pursis regarding death of respondent was filed by the learned advocate for the respondent on 08-08-2018, under the said circumstance the appeal is disposed of as abated. Civil Application No.9415 of 2006 is also disposed of.

(SMT. VIBHA KANKANWADI) JUDGE vjg/-.