Ram Shankarrao Nagargoje L.Rs. Limbabai L.Rs. Vitthal And Others v. Vaijnath Shankarrao Nagargoje

2024:BHC-AUG:5529 25ca12429-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 25 CIVIL APPLICATION NO. 12429 OF 2023 IN SA/572/1999 RAM SHANKARRAO NAGARGOJE L.RS. LIMBABAI L.RS. VITTHAL AND OTHERS ....Applicants

VERSUS

VAIJNATH SHANKARRAO NAGARGOJE .....Respondent .....

Mr. A. K. Shingare hfor Mr. K. F. Shingare, Advocate for Applicants CORAM : Y. G. KHOBRAGADE, J.

Dated : 11th March, 2024 PER COURT :- 1.

Heard the learned Advocate for the applicants/appellants. Though the legal heirs of Respondent no.1 are duly served with notice, however none appeared.

2.

The applicant/appellant has filed the present application seeking permission to bring the legal heirs of sole respondent on record. The sole respondent Vaijnath Shankarrao Nagargoje died on 24.07.2023, leaving behind him his legal heirs and successors i.e. 1A to 1D. The application is filed within limitation. The cause of action in the present appeal survives. Therefore, it would be just and proper to permit the appellants to bring the legal heirs of the sole deceased respondent on record.

25ca12429-23.odt 3.

In view of the above, the civil application is hereby allowed. 4.

The applicant is permitted to bring the legal heirs of the deceased respondent on record. Necessary amendment be carried out on or before 20th March, 2024.

( Y. G. KHOBRAGADE, J. ) JPChavan