Chandulal Holram Chotlani Died Lrs Ashok And Others v. Tribhuwandas Ranchoddas Lrs Paruben And Others

CA No. 7826/15 & Ors.

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD

41. CA/7826/2015 In SA/552/2001 WITH CA/7816/2015 In SA/552/2001 WITH CA/7484/2001 In SA/552/2001 CHANDULAL HOLRAM CHOTLANI DIED LRS ASHOK AND OTHER V/S TRIBHUWANDAS RANCHODDAS LRS PARUBEN AND OTHERS Mr. A.P. Bhandari, Advocate for applicants in CA 7826/15. Mr. S.V. Adwant, Advocate for respondent Nos. 2A to 2C. Mr. M.D. Joshi, Advocate for respondent Nos. 3 & 4. Mr. N.T. Tribhuwan, Advocate for applicants in CA 7816/15. CORAM : T.V. NALAWADE, J.

DATED : 19th August, 2015.

ORDER :

1.

In Civil Application No. 7816/2015, the learned counsel for applicants on instruction submits that he wants to withdraw the proceeding with liberty to file other appropriate proceeding. Disposed of as withdrawn.

2.

Civil Application No. 7826/2015 is filed for condonation of delay of 8 days caused in bringing the legal heirs of deceased respondent No. 3 on record. The learned counsel appearing for proposed legal heirs is heard. In view of the submissions made and the contents of the application, the application is allowed. Delay is condoned. The legal heirs of deceased respondent No. 3 are to be brought on the record. Notice to the legal heirs in the main proceeding is waived by Shri. M.D. Joshi. Amendment is to be carried out before 8.9.2015. [ T.V. NALAWADE, J. ] ssc/