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Bombay High CourtCA/15052/2018admittedallowedgrantedrule absolute

Yama Rama Patole v. Vishwanath Rama Patole And Others

2023-12-08Hon'Ble Shri Justice S. G. Mehare3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.15052 OF 2018 IN SA/163/2007 YAMA RAMA PATOLE

VERSUS

VISHWANATH RAMA PATOLE AND OTHERS ...

Advocate for Applicant : Mr. Bedre Vinayak Sudhakar ....

CORAM : S. G. MEHARE, J.

DATE : 08.12.2023 PER COURT :

1.

This is an application for condonation of delay to bring the legal heirs of deceased respondent No.3 on record. The learned counsel for the applicant states that respondnt No.3-A has also been died. However, her legal heirs are already on record. Hence, no need to bring the legal heirs. The proposed legal heirs of 3-B 3-C and 3-D were served but they did not appear. Hence, proceed ex-parte against them.

2.

For the reasons mentioned in the application, the application deserves to be allowed. Hence, the following order :-

ORDER

(i) The application is allowed.

(ii) Delay in bringing legal heirs of respondent No.3 has been condoned and leave granted to bring them as a legal heirs on record.

(iii) Necessary amendment be effect on or before the next date. Second Appeal be listed on 16.01.2023.

( S. G. MEHARE ) JUDGE ysk

14676 Respondent No.1 has been died. His legal heirs have been brought on record. Hence, the following order. The application is allowed.

The proposed legal heirs of respondent No.1 be brought on record b y effecting necessary amendment after effecting the amendment the notices be issued t them returnable on 16.01.2024.