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Bombay High CourtCA/9752/2018admittedallowedgrantedrule absolute

Nanasaheb Namdeo Turakmane Died Through Lrs Umakant And ORS v. Dashrath Pandurang Solapure Deceased Through Lrs Shahabai And Others.

2019-08-01Hon'Ble Shri Justice V.L. Achliya2 pages

9752.18CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 CIVIL APPLICATION NO.9752 OF 2018 IN SECOND APPEAL NO.238 OF 1992 NANASAHEB NAMDEO TURAKMANE THROUGH L.RS.

UMAKANT NAMDEV TURAKANE & OTHERS

VERSUS

DASHRATH PANDURANG SALAPURE [DECEASED] & OTHERS.

...

Advocate for applicant : Mr.R.F.Totala ...

CORAM : V.L.ACHLIYA,J.

DATE : 01.08.2019 PER COURT:

1] This Application is filed for bringing legal heirs of the deceased respondent no.1 on record.

2] Heard learned counsel for the applicants. Respondent i.e. proposed legal heirs of deceased respondent no.1 though shown to be served are absent.

3] On due consideration of the cause assigned for condonation of delay and cause

9752.18CA.odt of action survives to prosecute the Appeal, I am inclined to allow the Application.

Accordingly, the Application is allowed in terms of prayer clauses 'B'.

4] Necessary substitution be carried out within two weeks from today. Amended copy is served upon the respondents.

5] Second Appeal is of the year 1992.

Civil Application Stamp No.24746 of 2018 to be heard along with Appeal.

6] List the Second Appeal No.238 of 1992 for final hearing on 22nd August, 2019.

[V.L.ACHLIYA] JUDGE DDC