Ramdas Yallappa Pabba Through Its Next Friend Meerabai Ramdas Pabba v. Ambadas Yallappa Pabba And Others

901 wp.8867.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

901 WRIT PETITION NO. 8867 OF 2017 RAMDAS S/O YALLAPPA PABBA, THROUGH NEXT FRIEND MEERABAI W/O RAMDAS PABBA

VERSUS

AMBADAS S/O YALLAPPA PABBA AND OTHERS ...

Advocate for Petitioner : Mr. Dnyaneshwar A. Bide. ...

CORAM :

V. K. JADHAV, J.

DATE :

24th January, 2018.

P.C.:

.

The learned counsel for Petitioner submits that during the pendency of this writ petition, the Petitioner / original Plaintiff Ramdas died. This writ petition has been preferred against the order passed by the Trial Court to the extent of imposing condition while appointing next friend to deposit security of Rs.6,50,000/- by way of bank guarantee. The learned counsel submits that since the original Plaintiff who is to be represented through next friend is no more, this writ petition has become infructuous. The learned counsel submits that the legal heirs of original Plaintiff Ramdas would file an application for substituting them in the original suit before the Trial Court. In view of the above, this writ petition is disposed of as infructuous. No costs.

[ V. K. JADHAV, J. ] ndm