← Library
Bombay High CourtSA/313/2013appeal abated

A Hamid A Nasir Deshmukh And ORS v. Murlidhar Bandu Attarade

2024-04-03Hon'Ble Shri Justice Y. G. Khobragade1 pages

2024:BHC-AUG:7223 907-SA-313-2013.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO. 313 OF 2013 A HAMID A NASIR DESHMUKH AND ORS

VERSUS

MURLIDHAR BANDU ATTARADE ....

Mr. Darshan D. Sahuji, Advocate h/f Mr. A. G. Talhar, Advocate for appellants ....

CORAM : Y. G. KHOBRAGADE, J.

DATE : 03 APRIL 2024 PER COURT :- The learned Counsel appearing for the appellants seeks time to file application for bringing legal heirs of deceased sole respondent, on record, however, the said oral request is hereby rejected, because on 20.03.2024, this Court passed an order, observing that the Counsel for the respondent had filed purshis stating that the sole respondent Murlidhar Bandu Attarade, died on 03.05.2021. However, no steps have been taken to bring the legal heirs of deceased respondent on record within a period of 90 days under Article 120 of the Limitation Act. Therefore, the appeal is automatically abated against the sole respondent.

[ Y. G. KHOBRAGADE, J. ] SMS