Balasaheb Sambhaji Parit v. Pandurang Limbaji Parit And Others

39-CA-9840-2013 Pooja K.

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9840 OF 2013 WITH CIVIL APPLICATION NO. 9841 OF 2013 IN SECOND APPEAL (ST) NO. 32941 OF 2012 Balasaheb Sambhaji Parit ... Applicant

Versus

Pandurang Limbaji Parit and Ors.

... Respondents ...

Mr. S.J. Salunke - Advocate for Applicant Mr. S.S. Choudhari - Advocate for Respondent Nos.1,3 and 4 ....

CORAM : GAURI GODSE, J.

DATE : 22nd February, 2023 PER COURT :

CIVIL APPLICATION NO. 9840 OF 2013 1.

This Civil Application is filed for seeking leave for correcting the name of respondent no.5 as stated in the paragraph no.4 of the application.

2.

For the reasons stated in the application, it is allowed in terms of prayer clause 'B' which reads as under :

"B] The applicant may kindly be allowed to carry out the amendment correct in the name of respondent no.5 as stated 1/2

39-CA-9840-2013 in para no.4 of this Application and be allowed to amend the Second Appeal and Civil Application accordingly." 3.

Amendment to be carried out within a period of three weeks from today.

CIVIL APPLICATION NO.9841 OF 2013 4.

Learned counsel appearing for applicant states that, notice was already issued to the heirs and legal representatives of deceased respondent no.2 and the notices are awaited. The court note do not show any record for await notices.

5.

Issue notice to the heirs and legal representatives of deceased respondent no.2 as stated in paragraph no.6 of the application, returnable on 19th April, 2023.

6.

In addition to the court notice, the applicant shall serve respondents by private service and file service affidavit before next date.

[ GAURI GODSE ] JUDGE 2/2