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Bombay High CourtCA/12299/2016admittedallowedgrantedrule absolute

Kerba Ambadas Dhengale. v. Digambar Ishwara Chavan Died Lrs Chandrakant And ORS

2016-09-21Registrar2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12299 OF 2016 IN SA/289/1994 KERBA AMBADAS DHENGALE.

VERSUS

DIGAMBAR ISHWARA CHAVAN DIED LRS CHANDRAKANT AND ORS Advocate present.

CORAM:

VIJAY S.KULKARNI REGISTRAR (JUDL) DATED: 21/09/2016 1.

Heard learned Advocate for the applicant at considerable length.

2.

The present civil application came to be filed by the applicant praying for bringing on record L.Rs. of deceased respondent. It is the contention of the applicant that respondent Digambar Ishwara Chavan died on 26.05.2016 leaving behind him L.Rs. as contended in para no.4 of the present application. A copy of death certificate is filed on record. It is seen from the record that Digambar Ishwara Chavan had died on 26.05.2016. It is argued by learned Advocate that civil application is filed on 21.07.2016 which is in time. It is further argued that there is no contest to this application. In view of the above, I find no difficulty to pass following order.

ca12299.16(53)

ORDER

Civil Application No.12299/2016 is hereby allowed. The applicant is permitted to bring on record L.Rs. of deceased respondent Digambar Ishwara Chavan within a period of limitation.

Necessary amendment be carried out without delay. Civil application is disposed of.

REGISTRAR (JUDL) ca12299.16(53)