Yamunabai Valhu Marathe And ANR v. Chindhabai Kashinath Shinde Died Lrs. Vishwanath Kashinath Shinde And ORS.

1 916CA13017.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

916 CIVIL APPLICATION NO.13017 OF 2022 IN SA/627/2003 WITH CA/13018/2022 IN SA/627/2003 YAMUNABAI VALHU MARATHE AND ANR

VERSUS

CHINDHABAI KASHINATH SHINDE DIED LRS. VISHWANATH KASHINATH SHINDE AND ORS.

...

Advocate for Applicants : Mr.Nilesh N. Bhagwat h/f Mr. C.K. Shinde Advocate for respondent no. 1, 1C and 2 : Mr. U. A. Bhadgaonkar ...

CORAM : RAJESH S. PATIL, J.

DATE : OCTOBER 21, 2022 PER COURT : - CIVIL APPLICATION NO. 13017 OF 2022 :

1.

This application is filed for bringing legal heirs of deceased - respondent no. 1 on record.

2.

There is some delay in filing the present second appeal. 3.

Learned counsel Mr. U. A. Bhadgaonkar for the proposed legal heirs of deceased respondent no. 1 has no objection if the present application is allowed.

In view of the above and for the reasons stated in the application, same is allowed in terms of prayer clause 'B'. 5.

Abatement, if any, stands set aside.

2 916CA13017.2022 6.

Amendment to be carried out within a period six (06) weeks.

CIVIL APPLICATION NO. 13018 OF 2022 :

1.

By this application the applicants seeks correction in the names of respondent no. 1-B and 1-D.

2.

Advocate Mr. U. A. Bhadgaonkar for the proposed legal heirs has no objection if this application is allowed. 3.

In view of the aforesaid, the instant civil application is allowed in terms of prayer clause '

B', 'C' and 'D'.

Necessary amendment to be carried out with six (06) weeks.

5.

Civil Application is accordingly disposed.

SECOND APPEAL NO. 627 OF 2003 :

1.

The office note shows that the respondent no. 2 has died. 2.

Advocate Mr. U. A. Bhadgaonkar for proposed legal heirs of respondent no. 1 states that he will take instructions from his client regarding the death of respondent no. 2 and accordingly inform the advocate for the appellants.

3.

On receipt of information, advocate for the appellants to

3 916CA13017.2022 immediately take steps if respondent no. 2 has died to bring on record legal heirs. Such an application be filed before the next date of hearing. Matter to come up on board after six (06) weeks. [ RAJESH S. PATIL ] JUDGE