Ramgopal Shaligram Kasat v. Gokul Ramkisan Kasat, Died Thr. L.Rs. Sitabai And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 CIVIL APPLICATION NO.9470 OF 2021 IN SAST/4106/2012 WITH CA/9471/2021 IN SAST/4104/2012 RAMGOPAL SHALIGRAM KASAT

VERSUS

GOKUL RAMKISAN KASAT, DIED, THR. L.RS. SITABAI AND ORS ...

Mr. B.R. Waramaa, Advocate for the applicant Mr. S.B. Yawalkar, Advocate for respondent Nos.1A to 1E ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE:

21st SEPTEMBER, 2021.

PER COURT :

In both these appeals the sole appellant expired. The present applicants are his legal heirs. The applications are within limitation. The right to sue survives and, therefore, applications stand allowed and disposed of.

The legal representatives of the appellant in both the cases be brought on record.

CA_9470_2021 Necessary amendment be carried out within a period of one week.

Learned Advocate for the respondents submits that respondent No.2 has expired and he has supplied a photo copy of the death certificate to the learned Advocate for the appellant. He also submits that respondent No.1A has also expired, but he could not get his death extract. This be taken as intimation under Order XXII Rule 10-A of the Code of Civil Procedure, 1908. Appellant to take steps, if any.

Stand over to 18.10.2021.

( Smt. Vibha Kankanwadi, J. ) agd