Raoji Gallu Rathod And ANR v. Pandurang Digamber Ingle And ANR

1799.20CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1799 OF 2020 IN SA/211/2008 RAOJI GALLU RATHOD AND ANR

VERSUS

PANDURANG DIGAMBER INGLE AND ANR ...

Mr.S.G. Chincholkar, Advocate for applicants. Mr.S.G. Rudrawar, Advocate for respondent no.1.

Mr.G.G. Wattamwar, Advocate for respondent no.2.

...

CORAM: V.L. ACHLIYA,J.

DATE : 14.02.2020 ORAL ORDER:

The application is taken out to bring legal heirs of deceased appellant no.1 on record for the reasons set out in detail in the application.

2.

It is the contention of learned counsel for the applicants that the appeal came to be admitted in the year 2008. Since thereafter the appeal was not on board. The advocate was not in touch with appellants.

Only after the appeal was listed for hearing in the year 2019, the Advocate came to know about the death of appellant no.1.

Accordingly, this application is moved to

1799.20CA.odt bring legal heirs of deceased appellant no.1 on record.

3.

The learned counsel representing the respondents have no objection to allow the application.

4.

Considering the cause assigned and the delay being properly explained, I am of the view, the application deserves to be allowed. Accordingly, the application is allowed in terms of prayer clause-A.

5.

Necessary amendment/substitution be carried out within two week.

6.

Civil Application is disposed of in above terms.

7.

List the appeal for final hearing on 23rd April, 2020.

[V.L. ACHLIYA] JUDGE SGA