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Bombay High CourtCA/12165/2015admittedallowedgrantedrule absolute

Shankar Kashinath Vibhute v. Krishna Vithoba Kale Thro. Lrs Bhagabai And Others

2022-02-01Hon'Ble Shri Justice Mangesh S. Patil2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12165 OF 2015 IN SECOND APPEAL NO.377 OF 1991 Shankar Kashinath Vibhute .. Applicant

Versus

Krishna Vithoba Kale (Deceased) Through his LRs :

Bhagabai and others .. Respondents ...

Mr. Shomit Salunke, Advocate h/f. Mr. S.S. Choudhary, Advocate for the applicant Mr. V.C. Solshe, Advocate for Respondent No.1 ...

WITH SECOND APPEAL NO. 377 OF 1991 Shankar Kashinath Vibhute (Kategaonkar) .. Appellant

Versus

Krishna Vithoba Kale (Deceased) Through LRs and others .. Respondents ...

Mr. Shomit Salunke, Advocate h/f. Mr. S.S. Choudhary, Advocate for the appellant Mr. V.C. Solshe, Advocate for Respondent No.1 ...

CORAM : MANGESH S. PATIL, J.

DATE : 01-02-2022 PER COURT :

.

This is an application for bringing on record the legal heirs of respondent no.2 with a prayer to condone the delay.

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The notice was issued to the proposed respondents and they have been duly served, but none has appeared.

2.

For the reasons mentioned in the application, it is allowed. Delay is condoned. The legal heirs are allowed to be brought on record. Necessary amendment to be carried out within two weeks.

3.

Issue notice to the legal heirs of respondent no.2 in Second Appeal after such amendment is carried out returnable within six weeks.

( MANGESH S. PATIL ) JUDGE ...

Gajanan