Gahininath Raghunath Gaikwad And ORS v. Gopal Krishnaji Kulkarni Died Through Lrs. Rupali Gopalrao Kulkarni And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 CIVIL APPLICATION NO.10538 OF 2021 IN SECOND APPEAL NO.126 OF 2013 GAHININATH RAGHUNATH GAIKWAD AND ORS

VERSUS

GOPAL KRISHNAJI KULKARNI DIED THR. LRs RUPALI GOPALRAO KULKARNI AND ORS ...

Mr. A. B. Hawale, Advocate for Applicants Mr. Mukul S. Kulkarni, Advocate for Respondent Nos.1 to 3 in S.A. ...

WITH SECOND APPEAL NO.126 OF 2013 ...

CORAM : MANGESH S. PATIL, J.

DATE : 01-02-2022 PER COURT :

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This is an application for bringing on record the legal heirs of appellant no.3 and respondent no.1.

2.

Since it is mentioned that respondent nos.2 and 3 are the only heirs of respondent no.1, the application to that extent is allowed and necessary amendment is allowed to be carried out. 3.

So far as the other request for bringing on record the legal heirs of appellant no.3 with a prayer to condone the delay is Gajanan

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concerned, the other side has not filed any reply. Apparently, the cause of action has survived to the surviving applicants / appellants, and consequently bringing on record the legal heirs of the appellant no.3 is a mere formality. Even that request is accepted. The application is allowed even to that extent and necessary amendment to be carried out within two weeks. The delay is condoned. 4.

The Civil Application is disposed of accordingly. ( MANGESH S. PATIL ) JUDGE ...

Gajanan