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Bombay High CourtCA/12627/2025admittedallowedgrantedrule absolute

New India Assurance Companry Limited v. Janabai Eknath Malpote And ORS

2025-12-12Hon'Ble Shri Justice Sushil M. Ghodeswar2 pages

751.07fa etc (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 FIRST APPEAL NO. 751 OF 2007 JANABAI EKNATH MALPOTE AND ORS

VERSUS

KUNDANMAL LAKHMICHAND KOTECHA AND ORS WITH CIVIL APPLICATION NO. 16840 OF 2010 IN FA/1261/2006 JANABAI EKNATH MALPOTE AND ORS

VERSUS

NEW INDIA ASSURANCE COMPANY LIMITED WITH CIVIL APPLICATION NO. 12627 OF 2025 IN FA/1261/2006 NEW INDIA ASSURANCE COMPANY LIMITED

VERSUS

JANABAI EKNATH MALPOTE AND ORS .....

Mr R. B. Dhakane, Advocate h/f Mr M. A. Tandale, Advocate for Appellants/applicants in CA/16840/2010 Mr S. S. Sarda, Advocate h/f Mr M. R. Deshmukh, Advocate for Respondent No.3 and applicant in CA/12627/2025 .....

CORAM : SUSHIL M. GHODESWAR, J.

DATE : 12th DECEMBER 2025 P. C. :

Civil Application No.12627/2023 In First Appeal No.1261/2006 1.

Heard.

751.07fa etc (2) 2.

This is an application for bringing respondent Nos.5A and 5B as legal heirs of deceased respondent No.5 on record. By condoning delay of 2614 days in preferring application. 3.

For the reasons stated in the application, the same is allowed. Delay is condoned. Applicants are permitted to bring on record legal heirs of deceased respondent No.5. 4.

Necessary amendment be carry out within one week. First Appeal No.751/2007 5.

Learned Advocate for the appellants states that service to respondents have been effected. He also places affidavit of service on record.

6.

In view thereof, service to respondents is complete. 7.

List the appeal on weekly board commencing from 12/01/2026.

[SUSHIL M. GHODESWAR, J.] sjk