Shantabai Ambadasrao Choudhari v. Kashibai Baburao Deshmukh Died Lrs Madhukarrao Baburao Deshmukh And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 997 CIVIL APPLICATION NO. 13978 OF 2017 IN WP/2710/2015 SHANTABAI AMBADASRAO CHOUDHARI

VERSUS

KASHIBAI BABURAO DESHMUKH DIED LRS MADHUKARRAO BABURAO DESHMUKH AND OTHERS ...

Advocate for Applicant : Mr. P. N. Kalani ...

CORAM : V. K. JADHAV, J.

DATED : 16th MARCH, 2018 PER COURT:- 1.

Learned counsel for the applicant submits that though respondent no.1 died in the year, 2014, the counsel representating the applicant got knowledge about the death of respondent No.1 Kashibai Baburao Deshmukh for the first time on 28.07.2017. The applicant herself is suffering from various health problems, as she is aged about 80 years. Therefore, there was communication gap between the applicant and her advocate.

2.

None present for the proposed legal heirs of respondent no.1 though duly served. None present for other respondents.

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In view of above submissions and for the reasons stated in the application, civil application is allowed in terms of prayer clause 'B' and disposed of.

( V. K. JADHAV, J.) vsm/