Sangubai Sangram Patre Died Lr- Vishwanath Sangram Patre v. Manik Vithalrao Phulari And Others

1 CA 13795,13796/18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13795 OF 2018 with CIVIL APPLICATION NO. 13796 OF 2018 in Second Appeal No. 75 of 2001 Sangubai Sangram Patre [Died], through L.R. Vishwanath Sangram Patre Applicant V E R S U S Manik Vithalrao Phulari & Ors.

Respondents Mr. R.P. Adgaonkar, Advocate for the Applicant ...

CORAM : ARUN M. DHAWALE, J.

DATE : 19th December, 2018 PER COURT :

Applicant Sangubai Sangram Patre is reported to be dead on 16.10.2014. Advocate Mr. R.B. Narwade was appearing for her, so his Vakalatnama stands cancelled. It is reported that she is the main contesting respondent in Second Appeal. The Appeal cannot proceed without her legal representatives who are not brought on record for four years and one month. Hence, Appeal stands abated on expiry of 90 days from the date of her death.

2 CA 13795,13796/18 2.

Civil Application No.13795/2018 for condonation of delay survives.

3.

Civil Application No.13796/2018 for restraining respondent No.1/appellant from alienating or creating third party interest in respect of the suit property does not survive and stands disposed of. ( ARUN M. DHAWALE, J. ) SRM/19/12/18