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Bombay High CourtCA/11834/2022disposed off

Goroba Bapurao Kamble And ORS v. Avinash Nivrutirav Gurmulwad And ORS

2022-08-18Hon'Ble Shri Justice S. G. Dige2 pages

11834.22CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 978 CIVIL APPLICATION NO.11834 OF 2022 IN FIRST APPEAL NO.1082 OF 2022 GOROBA BAPURAO KAMBLE & OTHERS

VERSUS

AVINASH NIVRATIRAO GURMULWAD & OTHERS ...

Advocate for Appellants : Mr.P.K.Lakhotiya Advocate for Respondent no.2 : Mr.A.G.Kanade ...

CORAM : S.G.DIGE, J.

DATE : 18.08.2022 P.C. :

1] Heard the learned counsel for the applicants and the learned counsel for respondent no.2. The learned counsel for the applicants submits that appellant no.2, namely, Sushilabai Goroba Kamble is died during pndency of the appeal, hence, her heirs and legal representatives are necessary to be taken on record. There is delay of 81 days for filing the present application. It be condoned. 2] Considering the submissions of the learned counsel for the applicants and the reasons mentioned in the application, application is allowed in terms of prayer clause-b.

3] Civil Application is disposed of accordingly.

11834.22CA 4] Appellants to take steps forthwith.

5] List the First Appeal on 23.08.2022 for hearing. [S.G.DIGE] JUDGE DDC