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Bombay High CourtCA/11982/2016admittedallowedgrantedrule absolute

Hausabai Gahina Jagdale Lrs Anandabai And ORS v. Bhagubai Shakar Warkhade

2016-09-30Registrar2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11982 OF 2016 IN SECOND APPEAL NO. 575 OF 2000 HAUSAHABI G.JADALE LRS. ANANDABAI AND OTHERS

VERSUS

SHANKAR B.WARKHAD LRS. BHAGUBAI AND OTHERS

CORAM:

VIJAY S.KULKARNI REGISTRAR (JUDL) DATED: 19/10/2016 1.

The present application has been filed by the applicants claiming relief to grant permission to bring on record L.Rs. of deceased appellant no.3 Bhau Vithoba Jagdale. It has been mainly contended by the applicants that appellant no.3 Bhau Jagdale died on 25.05.2015. A copy of death certificate is filed on record. On perusal of death certificate, it appears that Bhau Jagdale died on 25.05.2015. The present application came to be filed on 24.08.2015. The office note clearly indicates that civil application is in time and there is no contest. In view of the above, I have no difficulty to pass following order.

ORDER

Civil Application No.11982/2016 is hereby allowed. ca11982.16(57) 1

The applicants are permitted to bring on record L.Rs. of deceased appellant no.3 Bhau Jagdale within a period of limitation.

Necessary amendment be carried out in the cause title of memo of appeal to that effect.

Civil application accordingly stands disposed of. REGISTRAR (JUDL) ca11982.16(57) 2