Govind Balbhim Kakade v. Uddhav Pandharinath Kakade Thro. Lrs. Ashok Udhav Kakade And Others

939-ca-3201-2020.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 CIVIL APPLICATION NO.3201 OF 2020 IN SA/58/2011 GOVIND BALBHIM KAKADE

VERSUS

UDDHAV PANDHARINATH KAKADE THRO. LRS. ASHOK UDHAV KAKADE AND OTHERS ...

Advocate for Applicant : Mr. Deshpande Chaitanya C Advocate for Respondent Nos.1 & 2 in SA : Mr. S.K. Naikwade Advocate for Respondent No.2 : Mr. Vijay A. Dhakne ...

CORAM : SMT. VIBHA KANKANWADI, J.

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

Present application has been for bringing legal representatives of respondent no.1 on record. 2.

Respondent no.1 expired on 18.04.2019. Present application has been fled within limitation. Present appellant is the original plaintif who had fled the suit for possession of agricultural lands. Under such circumstance, the right to suit survives. Since the application is within limitation, there is no hurdle to allow the appellant/applicant to bring the legal representatives of deceased respondent no.1 on record. Hence, the application stands allowed and disposed of. 3.

Legal representatives of respondent no.1 be brought on record within a period of one week. After legal

939-ca-3201-2020.odt (2) representatives are brought on record, issue notice to those legal representatives, returnable on 19.03.2021. (SMT. VIBHA KANKANWADI, J.) Mujaheed//