Ramesh Lala Patil v. Ravindra Sambhu Chaudhari Lrs. Himanshu Ravindra Chaudhari (Being Minor Through Leena Chaudhari)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 15 CIVIL APPLICATION NO.10103 OF 2021 IN SECOND APPEAL NO.72 OF 2013 RAMESH LALA PATIL

VERSUS

RAVINDRA SAMBHU CHAUDHARI, THR GPA SAMBHU DULLADH CHAUDHARI ...

Mr. M.H. Patil, Advocate for the applicant ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE:

27th SEPTEMBER, 2021.

PER COURT :

Present application has been filed for bringing the legal representatives of the respondent on record. It is within limitation. Respondent was original plaintiff, who had filed suit for declaration of ownership, possession and injunction. The suit was decreed. The appeal preferred by present appellant was dismissed. Hence, Second Appeal is filed. Under such circumstance, the right to sue survives. Further fact has been mentioned in the application that there was divorce between the respondent

CA_10103_2021 and his wife and the respondent is survived by only son and, therefore, son is necessary party, here.

Application, therefore, stands allowed.

Necessary amendment be carried out, within a period of one week.

After the amendment is carried out, issue notice to respondent, made returnable after four weeks.

( Smt. Vibha Kankanwadi, J. ) agd