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Bombay High CourtCA/7666/2025admittedallowedgrantedrule absolute

Potanna Sheshalu Sagmod (L.Rs.) Anusayabai And Others v. Gangaram Potanna (Madhava) Bankod

2025-07-25Hon'Ble Shri Justice Shailesh P. Brahme2 pages

948-CA.7666-25 & ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 948 CIVIL APPLICATION NO. 7666 OF 2025 IN CA/7667/2025 POTANNA SHESHALU SAGMOD (L.RS.) ANUSAYABAI AND OTHERS

VERSUS

GANGARAM POTANNA (MADHAVA) BANKOD WITH SECOND APPEAL NO. 201 OF 1999 WITH CIVIL APPLICATION NO. 7667 OF 2025 IN SA/201/1999 ...

Advocate for Applicants : Mr. Gunale Prakash G. Advocate for Respondent : Mrs. S. G. Chincholkar h/f Mr. G. N. Chincholkar.

...

CORAM : SHAILESH P. BRAHME, J.

DATE : 25.07.2025 PER COURT :- 1.

These applications are for condonation of delay and bringing legal heirs of appellant No.1B Gangadhar Potanna Sagmod.

2.

For the reasons stated in the applications, delay stands condoned. The cause of action survives against deceased appellant No.1B. They are necessary parties. Hence, both the civil applications are allowed.

Second Appeal 201 of 1999 3.

It is informed that even appellant No.2 Posanibai w/o Sheshalu is also passed away. Appellant No.1 is stated to be

948-CA.7666-25 & ors.odt her legal heir. As appellant No.1 can represent interest of appellant No.2 also, I permit the parties to carry out formal amendment in the memo of second appeal.

4.

It is further informed that appellant No.3 Gangubai w/o Potanna Paldelu is also no more. Despite the attempts, it is not possible for learned counsel for the appellants to collect information of the whereabouts of her heirs. Present second appeal as against appellant No.3 stands abated. 5.

List present second appeal in High on Board category on 25.08.2025.

(SHAILESH P. BRAHME, J.) ...

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