Maruti Ramchandra Saudagar v. Ganpat Ramchandra Saudagar, L.Rs.Kishan Ramchandra Saudagar And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 CIVIL APPLICATION NO. 9173 OF 2014 IN WRIT PETITION NO.399 OF 2014 MARUTI RAMCHANDRA SAUDAGAR

VERSUS

GANPAT RAMCHANDRA SAUDAGAR, DIED AND OTHERS ...

Advocate for Petitioners : Mr. S.S. Auti h/f Mr. C. R. Deshpande Advocate for Respondent Nos. 22(1) to 22(4) : Mr. Kale Ajinkya h/f Mr. S.B. Talekar ----

CORAM

: M. S. KARNIK, J.

DATE : 8th AUGUST 2019 PER COURT Heard.

2.

This is an application filed by the original plaintiff for exempting him from substituting / bringing legal representatives of respondent No.11 namely Madhukar s/o Kashinath Saudagar on record in the writ petition.

3.

This application is filed in view of the provisions of Order XXII Rule 4, Sub-Rule 4 of the C.P.C. In the application, it is stated that original defendant No.11/ respondent No.11 was served with the suit summons. The suit proceeded ex-parte as he has not filed

912 CA 9173-14 written statement in the suit. According to applicant, it is not necessary to bring his legal representatives on record in view of the provisions of Order XXII Rule 4 of the C.P.C. 4.

The application is opposed by the learned counsel for the respondent Nos. 22(1) to 22(4).

5.

For the reasons mentioned in the application, application stands allowed in terms of prayer Clause-"B" and disposed of accordingly.

( M. S. KARNIK, J.) vsm/