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Bombay High CourtCA/2233/2015admittedallowedgrantedrule absolute

Sureshchandra Mahadevarao Gade Died Lrs Dr. Yogesh And Others v. Dalpat Vanaji Mahajan Died L.Rs.Kashinath And Others

2015-03-11Registrar1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2233/2015 IN SECOND APPEAL NO.88/1994 Sureshchandra Mahadevrao Gade ...

Applicants died through L.Rs.

Versus

Dalpat Vanaji Mahajan ...

Respondents Died L.Rs. Kashinath & ors.

None present.

CORAM:

VIJAY S.KULKARNI REGISTRAR (JUDL) DATED:

11/03/2015 1.

The present CA is taken out by the applicants for bringing the legal heirs of deceased appellant no.1. It is the contention of the applicants that appellant no.1 Sureshchandra Mahadevrao Gade had died on 9th July 2014 leaving behind his legal heirs mentioned in the title clause of this C.A. The xerox copy of death certificate is filed on record. It is seen from the death certificate filed on record that Sureshchandra Mahadevrao Gade died on 9th July 2014. The present CA is filed by the applicants on 7th October 2014. Thus, the CA is in time. The heir certificate issued by village Talathi, Yawal is placed on record. Therefore, I find no difficulty to allow this CA by passing following order.

C.A. is allowed.

The applicants are permitted to bring on record the legal heirs of deceased appellant no.1. The necessary amendment be carried out in the title of the appeal memo within 14 days from the date of this order. Accordingly, CA is disposed of.

REGISTRAR (JUDL) cnd.ca2233.15