Shailaja Dnyandeshwar Kulkarni And Others v. Pandit Keshav Joshi And Others

10223.19CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 969 CIVIL APPLICATION NO.10223 OF 2019 IN SA/207/2019 SHAILAJA DNYANDESHWAR KULKARNI AND OTHERS

VERSUS

PANDIT KESHAV JOSHI AND OTHERS ...

Advocate for Applicants: Mr.S.S.Dargad, Advocate holding for Mr.S.G.Chapalgaonkar Advocate for Respondent no.1:Mr.Shaikh Mujtaba Gulam Mustafa ...

CORAM : V.L.ACHLIYA,J.

DATE : 27.09.2019 PER COURT:

1] This Application is filed to bring legal heirs of deceased respondent No.3-C, viz., Mangal Sopan Patil on record for the reasons set out in detail in the Application. 2] Learned counsel for the applicants submits that pursuant to the Bailiff report it is revealed that respondent no.3-C has died about 2-3 years back. On enquiry made, it was revealed that respondent no.3-C-A i.e. Pramod Sopan Patil is the sole legal heir of deceased respondent no.3-C. Therefore, the present Application is filed seeking permission to bring the legal heir of

10223.19CA.odt respondent no.3-C on record by setting aside the order of abatement with condonation of delay.

3] Considering the submissions advanced in the light of facts stated in the application and Appeal is yet to be admitted, I am of the view that the Application deserves to be allowed. Accordingly, the application is allowed in terms of prayer Clauses 'B', 'C' and 'D'.

4] Necessary substitution/amendment be carried out within two weeks from today.

5] List the Appeal for admission on 05.11.2019 high on board.

6] Interim relief, if any operating in Appeal, to remain in force till next date.

[V.L.ACHLIYA] JUDGE DDC