Naraya Nivrati Sodge v. Ambaji Ramji Kare Lrs Ram And Others

20-CA-8307-2015 SGA

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.8307 OF 2015 IN SECOND APPEAL NO. 552 OF 2011 Naraya Nivrati Sodge ... Applicant

Versus

Ambaji Ramji Kare Now deceased Through L.Rs.

Ram Abaji Kare and others.

... Respondents ...

Mr.Arvind Deshmukh - Advocate for the applicant. Mr.T.J. Poul - Advocate for Respondent no.1.

Mr.P.B. Rakhunde - Advocate for respondent nos.1-A. ....

CORAM : GAURI GODSE, J.

DATE : 23rd February, 2023 PER COURT :

1.

The applicant is granted leave to amend the prayer to mention number of days delay caused in filing the application as well as prayer for setting aside abatement. Amendment to be carried out forthwith.

2.

This application is for bringing on record names of heirs and legal representatives of deceased respondent no.1. There is delay in filing the application. Office remark shows that notices to the 1/2

20-CA-8307-2015 heirs and legal representatives of deceased respondent no.1 are served. None appears for them. There is no opposition to the present civil application.

3.

For the reasons stated in the application, the delay is condoned. Abatement is set aside. Civil Application is allowed. The applicant is permitted to bring on record of second appeal the names of respondent nos.1A and 1B as heirs and legal representatives of deceased respondent no.1.

4.

Amendment to be carried out within three weeks .

[ GAURI GODSE, J. ] 2/2