Dattatraya Anandrao Borude v. Muktabai Baburoa Borude (Died) Lrs. Mangal And ORS

CA 8634/19 in SA 222/01 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 CIVIL APPLICATION NO.8634 OF 2019 IN SA/222/2001 WITH X-OBJST/9196/2019 IN SA/222/2001 DATTATRAYA ANANDRAO BORUDE

VERSUS

MUKTABAI BABUROA BORUDE (DIED) LRS. MANGAL AND ORS ...

Advocate for Applicants : Smt.Deshmukh Charuta Sunil Advocate for Respondents : Shri D.D. Choudhary h/f Shri M.S. Kulkarni CORAM: V.L. ACHLIYA, J.

DATE: 25.07.2019 PER COURT :

1] Present application is filed to bring L.Rs. of deceased respondent no.4 on record.

2] Heard learned counsel for applicants and respondents.

3] In brief, it is the contention of learned counsel for the applicants that by order dated 29.6.2007 passed in Civil Application No.1550/2006, the L.Rs. of deceased respondent no.4. i.e. respondent nos.4A to 4C are brought on record. When in cross-objection, the L.Rs. of deceased respondent no.4 are brought on record, it was

CA 8634/19 in SA 222/01 - 2 - realized that besides respondent nos.4A to 4C, there are other four L.Rs. of deceased respondent no.4. Therefore, the applicants / appellants have filed this application to amend the appeal and to bring other L.Rs. of deceased respondent no.4 i.e. 4D(i) to 4D(iv) also on record.

4] Learned counsel for the respondents has no objection to allow the application.

5] In view of the submissions made and the reasons assigned, the application is allowed in terms of prayer clause (B). Necessary substitution be carried out within two weeks.

6] Shri D.D. Choudhary h/f Shri M.S. Kulkarni waives notice of appeal for respondent nos.4D(i) to 4D(iv). 7] Civil application is disposed of in above terms. (V.L. ACHLIYA, J.) ndk/c2571914.doc