Ganesh Jayram Lrs Jairam And Others. v. Suryakant Ganesh

{1} 24 SA 271 of 1992

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 24 CIVIL APPLICATION NO.13452/2017 IN SA/271/1992 WITH CA/2098/1990 IN SA/271/1992 WITH SA/271/1992 GANESH JAIRAM (DECEASED) THR.LRS. JAIRAM & OTHERS

VERSUS

SURYAKANT GANESH ...

Advocate for Appellants : Shri Ajinkya Reddy Advocate for Respondent : Shri R.S.Wani h/f. Shri A.S.Bajaj ...

CORAM : P.R. BORA, J.

Date: August 06, 2018 ...

PER COURT :- By filing Civil Application No.13452 of 2017, the legal heirs of deceased applicant/appellant Nos.1 and 2 are sought to be taken on record.

Learned Counsel for the appellants submitted that son of applicant/appellant Nos.1 and 2 namely Jairam is already there on record, however, the daughters of deceased appellant Nos.1 and 2 were inadvertently not taken on record. Though, the application is opposed by the respondent, I do not see any reason for not allowing the present application in view of the fact that one of the appellants i.e. son of deceased appellant Nos.1 and 2 is there on record and prosecuting the Appeal. In the circumstances, I deem it appropriate to pass the

{2} 24 SA 271 of 1992 following order:-

ORDER

I) Civil Application No.13452 of 2017 is allowed and disposed of.

II) The legal heirs of deceased applicant/appellant Nos.1 and 2 as are mentioned in the application be taken on record.

III) Necessary amendment be carried out within two weeks.

IV) Delay caused in filing the Civil Application No.13452 of 2017 is condoned.

V) Abatement if any, stands set aside.

VI) List the Second Appeal No.271 of 1992 for final disposal on 30.08.2018.

( P.R. BORA, J. ) ...

SPT