Dhudku Mansaram Pardhi (Died) Lrs. Deoram Dhudku Pardhi (Pawar) And Others v. Gaba Jyotiram Pardhi (Died) 1/A. Fakira Gaba Pardhi And ORS.

CA in SA - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO.10080/2019 IN SA/767/2004 DHUDKU MANSARAM PARDHI, DIED, THROUGH L.RS. DEORAM DHUDKU PARDHI (PAWAR) AND OTHERS

VERSUS

GABA JYOTIRAM PARDHI, DECEASED, THROUGH L.RS. FAKIRA GABA PARDHI AND OTHERS ...

Advocate for Applicants : Shri B R Warma CORAM: V.L. ACHLIYA, J.

DATE: 23.08.2019 PER COURT :

1] The applicants claim to be L.Rs. of sole appellant. They haver moved this application to bring them on record for the reasons set out in detail in the application. 2] Learned counsel for the applicants submits that the appellant - Dhudku Mansaram Pardhi died on 13.6.2019. The application is filed within time. The cause of action survives to prosecute the appeal by the applicants.

3] In view of the facts mentioned in the application, the cause of action survives for the legal heirs of deceased appellant to prosecute the appeal and the

CA in SA - 2 - application is within time, I am inclined to allow the application.

4] Accordingly, the application is allowed in terms of prayer clause [B]. Necessary substitution be carried out within two weeks.

(V.L. ACHLIYA, J.) ndk/c2381934.doc