Navnath S/O. Rambhau Bansode Died Through Lrs. Kalidas Navnath Bansode And ORS. v. Sudhakar S/O. Babasaheb Ritapure

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 CIVIL APPLICATION NO.9020 OF 2021 IN SAST/31411/2016 WITH CA/16641/2016 IN SAST/31411/2016 WITH CA/16642/2016 IN SAST/31411/2016 NAVNATH S/O. RAMBHAU BANSODE DIED THROUGH LRS. KALIDAS NAVNATH BANSODE AND ORS.

VERSUS

SUDHAKAR S/O. BABASAHEB RITAPURE ...

Advocate for Applicants : Mr. Rodge Pratap G. Mr. S.A. Wakre, Adv. For R/sole ...

CORAM : SMT. VIBHA KANKANWADI, J.

Dated: September 01, 2021...

PER COURT :- 1.

Present application is filed to bring legal representatives of the appellant on record. Sole respondent expired on 27.8.2020. The said application is within limitation in view of the decision of the Hon'ble Supreme Court in Suo Motu Writ Petition (Civil) No.3 of 2020 dated 8th March, 2021. 2.

The suit that was filed by the original appellant was for declaration of ownership and permanent injunction and, therefore, right to sue survives to his legal representatives. Hence, the application stands allowed and disposed of.

3.

Necessary amendment, to bring the legal representatives of the appellant on record, be carried out on or before 9.9.2021.

4.

Place the matter for further consideration on 16.9.2021.

( SMT. VIBHA KANKANWADI, J. ) ...

BDV