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Bombay High CourtCA/15301/2017admittedallowedgrantedrule absolute

Jagannath Supdu Mali And ORS v. Vatsalabai@Shakuntalabai Jagannath Bhamre And ORS

2020-11-03Hon'Ble Shri Justice Mangesh S. Patil1 pages

9 (3).CA.15301.2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.15301 OF 2017 IN SA/840/2012 JAGANNATH SUPDU MALI AND ORS.

VERSUS

VATSALABAI @ SHAKUNTALABAI JAGANNATH BHAMRE AND ORS. ...

Advocate for applicant : Mr. Ajit M. Gholap ...

CORAM

: MANGESH S. PATIL, J.

DATE : 03.11.2020 PER COURT :

This is an application for bringing on record the Legal Heirs of the respondent No.8 who has died on 30.06.2017. Simultaneously, a prayer is also made to transpose them as appellant No. 4. 2.

As far as the prayer for bringing on record the Legal Heirs of the deceased respondent No. 8 is concerned, the Application having being filed in time, the prayer can easily be accepted and is accordingly allowed in terms of prayer clause 'B'.

3.

As far as transposition is concerned as prayed in clause C, I do not find it necessary now to transpose them as applicants merely because their predecessor was not available when the Appeal was preferred. Relief to that extent is refused.

(MANGESH S. PATIL, J.) habeeb 1/1