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Bombay High CourtCA/13700/2021disposed off

Santosh Kirtikumar Hatte v. Vijay Balaji Kawade (Died) Thr Lrs. Balaji And Others

2022-07-18Hon'Ble Shri Justice S. G. Dige2 pages

13700.21CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 26 CIVIL APPLICATION NO.13700 OF 2021 IN FIRST APPEAL NO.864 OF 2018 SANTOSH KIRTIKUMAR HATTE

VERSUS

VIJAY BALAJI KAWADE (DIED) THR LRS. BALAJI AND OTHERS ...

Advocate for Applicant : Mr.S.P.Urgunde Advocate for Respondent nos.1A and 1B : Mr.N.L.Dhobale Advocate for respondent no.1C : Mr.S.B.Madde ...

CORAM : S.G.DIGE, J.

DATE : 18.07.2022 P.C. :

1] Heard the learned counsel for the applicant.

2] The learned counsel for the applicants submits that respondent no.1, namely, Vijay Balaji Kawade is died during pendency of the appeal, hence, his heirs and legal representatives are necessary to be taken on record. 3] Considering the submissions of the learned counsel for the applicants and the reasons mentioned in the application, application is allowed in terms of prayer clauses-B and C. Delay for filing this application is condoned.

13700.21CA 4] Civil Application is disposed of accordingly. 5] The applicant to carry out amendment within two weeks.

6] List First Appeal No.864 of 2018 on 23rd August, 2022.

[S.G.DIGE] JUDGE DDC