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Bombay High CourtCA/11829/2019admittedallowedgrantedrule absolute

Punda Hanmanta Mali(Shinde) Died Lrs Laxmibai And Others v. Madhavrao Gopalrao Kulkarni Died Lrs Promodini And Others

2020-01-03Hon'Ble Shri Justice S. M. Gavhane2 pages

917-CA-11829-2019.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO.11829 OF 2019 IN SA/522/2015 PUNDA HANMANTA MALI(SHINDE) DIED LRS LAXMIBAI AND OTHERS

VERSUS

MADHAVRAO GOPALRAO KULKARNI DIED LRS PROMODINI AND OTHERS ...

Advocate for Applicants : Mr. Pawar Suryakant S. Advocate for Respondent No.2 : Mr. J.R. Patil ...

CORAM : S.M. GAVHANE, J.

DATED : 03rd JANUARY, 2020.

PER COURT:- .

The applicants/appellants have moved this application stating that appellant no.1/A Laxmibai died on 24.02.2014 and her legal representatives i.e. appellant nos.1/B to 1/G are already on record and they may be treated as her legal representatives. No reply is fled by respondent no.2. It appears that respondent nos.1, 3 and 4 are served with the notice of appeal but they have not appeared.

2.

Considering the fact that legal representatives of appellant no.1/A Laxmibai are already on record as appellant nos.1/B to 1/G, application is allowed in terms of prayer clause (C) to treat them as her legal heirs. Appellants to carry out necessary amendment to show appellant nos.1/B

917-CA-11829-2019.odt (2) to 1/G as legal representatives of appellant no.1/A Laxmibai. 3.

Place the appeal on 04.02.2020 for further consideration/order.

(S.M. GAVHANE, J.) Mujaheed//