Haribhai Alias Harilal Maujibhai Patel Died Through Lrs Radhaben Haribhai And ORS v. Neela Madanlal Lodha And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 CIVIL APPLICATION NO.7944 OF 2021 IN SA/877/2018 HARIBHAI ALIAS HARILAL MAUJIBHAI PATEL DIED THROUGH LRS RADHABEN HARIBHAI AND ORS

VERSUS

NEELA MADANLAL LODHA AND OTHERS ...

Advocate for Applicants : Mr. Rajput Deepak K. Mr. A.D. Kasliwal, Adv. For R/1 & 2.

----- CORAM : SMT.VIBHA KANKANWADI,J.

DATE : 13 th August, 2021.

PER COURT :- 1.

Present application has been filed for bringing the legal representatives of sole appellant on record. The sole appellant has expired on 22nd April, 2021. Death Certificate has been produced on record. The deceased appellant appears to be objection petitioner, who was contending that he has purchased the suit property. The objections have been over-ruled by the Executing Court and the appeal, that was filed by him, i.e. RCA No.66/2018, has been dismissed by the learned District Judge-4, Aurangabad. Under such circumstance, right to sue survives. The applicants are definitely required to be brought on record.

2.

The application stands allowed and disposed of. The applicants be brought on record and necessary amendment to that effect be carried out within a period of two weeks.

(SMT. VIBHA KANKANWADI) JUDGE BDV