Nilabai Sakharam Jungle Lrs Sakharam And Others v. Shrimant Arjunrao Mate And Others

CA 698/18 in SA 74/13 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 CIVIL APPLICATION NO.698 OF 2018 IN SA/74/2013 NILABAI SAKHARAM JUNGLE LRS SAKHARAM AND OTHERS

VERSUS

SHRIMANT ARJUNRAO MATE AND OTHERS ...

Advocate for Applicants : Shri Suryawanshi Kamlakar J. Advocate for Respondent nos.1,2 & 4 : Shri S.J. Salunke CORAM: V.L. ACHLIYA, J.

DATE: 23.08.2019 PER COURT :

1] This application is filed to bring L.Rs. of deceased respondent no.3 on record with condonation of delay. The legal heirs of deceased respondent no.3 i.e. 3A to 3E though served are absent and failed to contest the application.

2] Considering the submissions advanced in the light of facts stated in the application, which remained unchallenged and un-controverted, I am of the view that the application deserves to be allowed in terms of prayer clauses [B] and [C].

3] Accordingly, the application is allowed in terms of

CA 698/18 in SA 74/13 - 2 - prayer clauses [B] and [C]. Necessary amendment be carried out within two weeks. After carrying out amendment, notice of appeal be sent to respondent nos.3A to 3E returnable on 1.10.2019.

4] S.O. to 1.10.2019.

(V.L. ACHLIYA, J.) ndk/c2381929.doc