Purna Sahakari Sakhar Karkhana Ltd. v. Ratnamala Datta Barwe And ORS

10607.19CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 CIVIL APPLICATION NO.10607 OF 2019 IN FA/4213/2008 PURNA SAHAKARI SAKHAR KARKHANA LTD.

VERSUS

RATNAMALA DATTA BARWE & OTHERS ...

Advocate for Applicant : Mr.S.V.Salunke h/f.

Mr.V.D.Salunke Advocate for Respondent nos.1 to 4 :

Mr.K.M.Nagarkar.

Advocate for respondent nos.5 :

Mr.R.M.Gaikwad h/f.Mr.M.M.Ambhore ...

CORAM : V.L.ACHLIYA,J.

DATE : 29.11.2019 PER COURT:

1] Learned counsel for the applicantappellant submits that only respondent no.4-I is necessary party and seeks permission to delete the names of respondent Nos.4-II to 4XI. Allowed to delete the names of respondent Nos.4-II to 4-XI at the risk of the applicant-appellant. Necessary note in respect of deletion of the names of respondent nos.4-II to 4-XI be taken forthwith.

2] This application is filed to bring the legal heirs of deceased respondent no.4, namely Anandrao Nagoji Barwe, on record for

10607.19CA.odt the reason set out in detail in the application.

3] Heard learned counsel for the applicant-appellant and the respondents.

4] Learned counsel appearing for the respondent no.4-I submits that he has no objection to bring her name as legal heirs of deceased respondent no.4.

5] On due consideration of the submissions advanced in the light of overall facts pleaded in the application and the reasons assigned, Application is allowed in terms of prayer clauses-B and C.

6] Necessary amendment/substitution be carried out within one week from today.

7] Application stands disposed of in above terms.

8] List the Appeal for final hearing on 30th January, 2020.

[V.L.ACHLIYA] JUDGE DDC