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Bombay High CourtCA/15223/2022application allowed

Kadubai Asaram Jadhav Died Lrs. Ganesh Kadubai Jadhav v. Noorkhan Lalkhan Pathan Died Through Lrs Tamijkhan Noorkhan Pathan

2022-11-16Hon'Ble Shri Justice Arun R. Pedneker2 pages

1 ca 15224.2022+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 CIVIL APPLICATION NO.15224 OF 2022 IN RC/622/2020 WITH CA/15223/2022 IN RC/621/2020 KADUBAI ASARAM JADHAV DIED LRS. GANESH KADUBAI JADHAV

VERSUS

TAMIJKHAN NOORKHAN PATHAN AND OTHERS ...

Advocate for Applicants: Mrs. Pooja V. Langhe Advocate for Respondent No.1: Mr. N. G. Kale Advocate for Respondent No.2:

Mr. V. B. Garud h/f. Mr. S. N. Boinwar ...

CORAM: ARUN R. PEDNEKER, J.

DATE:

16th NOVEMBER, 2022 PER COURT:

1.

The learned counsel for the applicant submits that in view of the pandemic and on account of her personal difficulty she was unable to attend the Registry to remove the office objections and as such the second appeals are dismissed for non prosecution.

2.

Delay is condoned. The order dated 06.10.2021 is recalled and the second appeals are restored. The appellant to take steps to bring the legal heirs of respondent no. 1 on record.

2 ca 15224.2022+ 3.

The learned counsel appearing for respondent no.1 submits that respondent no.1 passed away and that he would give details of legal heirs of respondent no.1 to the learned advocate for the applicant to take necessary steps to bring legal heirs on record.

4.

The learned counsel appearing for respondent no.2 also submits that respondent no.2 is dead. The learned counsel appearing for respondent no.2 to provide information of the legal heirs to the advocate for the applicant. Advocate for the appellant to take steps to bring legal heirs of respondent no.2 on record.

5.

Both the civil applications are allowed.

6.

List these matters on 14.12.2022.

[ARUN R. PEDNEKER, J.] marathe