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Bombay High CourtCA/2101/2016admittedallowedgrantedrule absolute

Uttamchand Tulshiram Runwal v. Shivshankar Marutiappa Ghongade Lrs Durgabai And Others

2017-01-27Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

1 CA - 2102-2016+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2102 OF 2016 IN SA/469/1992 WITH CA/2100/2016 IN SA/470/1992 WITH CA/2101/2016 IN SA/470/1992 WITH CA/2103/2016 IN SA/469/1992 VIJAYCHAND UTTAMCHAND RUNWAL

VERSUS

SHIVSHANKAR MARUTIAPPA GHONGADE LRS DURGABAI AND OTHERS ...

Advocate for Applicants : Mr. Choudhary S.S.

Respondents served - absent ...

CORAM : SUNIL P. DESHMUKH, J.

DATE : 27/01/2017 ORDER :

1.

The respondents were served with notice of civil applications for delay condonation, setting aside abatement and bringing LRs. of deceased respondent no.1 and deceased respondent no.2.

2.

It has been explained in the applications that the applicants had not been aware about the deaths of respondent no.1 and respondent no.2. As soon as they became aware, immediately the present applications have been filed. Delay caused has been explained in paragraph no.4 of the applications.

2 CA - 2102-2016+ 3.

Despite service, none appears for proposed legal heirs of respondent no.1 and respondent no.2.

4.

In the circumstances, contents of paragraph no.4 of civil applications, go uncontroverted.

5.

As such, all civil applications stand granted in terms of prayer clauses (B) and (C) respectively.

6.

Notices of second appeals be issued to legal heirs of respondent no.1 and respondent no.2.

7.

Civil applications stand disposed of accordingly. [SUNIL P. DESHMUKH] JUDGE arp/