Parmeshwar Namaji Pathade Died Lrs Vatsalabai And Others v. Omprakash Kishan Wabale And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 30 CIVIL APPLICATION NO. 14630 OF 2016 IN SA/184/1993 PARMESHWAR NAMAJI PATHADE DIED LRS VATSALABAI AND OTHERS

VERSUS

OMPRAKASH KISHAN WABALE AND OTHERS Advocate present.

CORAM:

VIJAY S.KULKARNI REGISTRAR (JUDL) DATED: 23/11/2016 1.

Heard learned Advocate for the applicants.

2.

The present civil application came to be filed by the applicants seeking relief to grant permission to bring on record L.Rs. of deceased appellant Parmeshwar Namaji Pathade. It has been mainly contended that the appellant was the original defendant no.2 who has preferred the appeal against judgment and decree passed in R.C.A.No.121/1985. The said Parmeshwar died on 29.06.2016 leaving behind him his L.Rs. as applicant nos.1-A to 1-E. A copy of death certificate filed on record clearly indicates that Parmeshwar died on 29.06.2016. The present civil application came to be filed on 19.09.2016. The office note clearly indicates that there is no contest to this application and the civil application is in time. In ca14630.16(30) 1

view of the above and after having considered the pros and cons of the matter, I find no difficulty to pass the following order. Hence order.

ORDER

Civil Application No.14630/2016 is hereby allowed. The applicants are permitted to bring on record L.Rs. of deceased appellant Parmeshwar Namaji Pathade within a period of limitation.

Necessary amendment be carried out without delay. Civil application stands disposed of accordingly. REGISTRAR (JUDL) ca14630.16(30) 2