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Bombay High CourtCA/13879/2012admittedallowedgrantedrule absolute

Neelkanth Baburao Ingole Died Thr Lrs Prabhavati And ORS v. Bharati Vijaykumar Ghodake And ORS

2015-09-07Hon'Ble Shri Justice T.V. Nalawade2 pages

-:(1):- 13879 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CIVIL APPLICATION NO.: 13879 OF 2012 IN SECOND APPEAL NO. 332 OF 2011 NEELKANTH BABURAO INGOLE AND ORS

VERSUS

BHARATI VIJAYKUMAR GHODAKE AND ORS ...

Advocate for Appellants : Mr. Kulkarni Krishna K., Mr. Dhorde Vikram R.

Advocate for Respondent No.1: Mr. Patil N. P. Jamalpurkar.

Advocate for Respondent Nos.2 to 5: Mr. N. B. Jadhav. *** CORAM: T. V. NALAWADE, J.

DATED: 7th SEPTEMBER, 2015.

PER COURT:

1.

The application is filed for permission to bring Legal Representatives of Appellant No.1 on record. It appears that Respondent No.6 died long back but no steps were taken for bring legal representatives of Respondent No.6 on record. So, the matter as against Respondent No.6 stands abated along with the main matter relating to Respondent No.6. Similarly, Respondent No.7 could not be served as she is not residing at the address given as

-:(2):- 13879 she is married. No steps in respect of the Respondent No.7 are taken in view of the report received in that regard. So, the present matter as regards Respondent No.7 is dismissed in default.

2.

The suit is filed for injunction. So, the relief is claimed against all the respondents who are members of the family. In view of this circumstance, the main matter can go on. In view of this circumstance and the submissions made today, the application filed for condonation of delay of 229 days and for permission to bring legal representatives of Appellant No.1 on record is allowed. Delay is condoned. The legal representatives of Appellant No.1 be brought on record immediately and amendment to be carried out today itself.

3.

List the second appeal for final hearing on 6th October, 2015.

[T. V. NALAWADE, J.] Dt.07/09/2015 ans/13879