Kashinath Nagorao Mali v. Trimbak Hanmant Mali And Others

29-CA-13505-2012 SGPunde

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13505 OF 2012 IN SECOND APPEAL NO. 3 OF 1999 Kashinath s/o Nagorao Mali ... Applicant

Versus

Trimbak s/o Hanmant Mali & Ors.

... Respondents ...

Mr. Milind Patil - Advocate for applicant ....

CORAM : GAURI GODSE, J.

DATE : 20th January, 2023 PER COURT :

1.

This civil application is for bringing on record heirs and legal representatives of deceased respondent no. 3-a. Office remark shows that respondent no. 3-b and 3-c are served. Name of respondent no. 3-a is already deleted.

2.

For the reasons stated in the application, it is allowed in terms of prayer clause 'a' and 'b', which reads thus : [a] Grant this application and condone the delay of 1016 days caused in filing the present application for bringing legal 1/2

29-CA-13505-2012 representative of the deceased respondent no. 3 on record and for that purpose issue necessary orders.

[b] Grant this application and allow the applicant to bring the legal heirs of the deceased respondent no. 3 on record as mentioned in the title clause i.e. 3A to 3C and for that purpose issue necessary orders.

3.

Applicant to carry out the amendment within a period of two weeks from today. After the amendment is carried out, office to issue notice of second appeal to respondent nos. 3-b and 3-c, returnable after eight weeks thereafter.

[ GAURI GODSE, J. ] 2/2