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Bombay High CourtCA/12737/2014admittedallowedgrantedrule absolute

Bhagubai Alias Tanhabai Rustumrao Bobde Died Lrs Asaram Died Lrs Kakasaheb And Others v. Mandahabai Eknath Mogal Lrs Eknath Died Lrs Ansabai And Others

2015-07-06Hon'Ble Shri Justice Nitin W. Sambre2 pages

12737.14ca -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12737 OF 2014 IN/WITH CIVIL APPLICATION NO. 8572 OF 2014 IN SECOND APPEAL NO. 269 OF 1985 Bhagubai alias Tanhabai Rustumrao Bobde died through her L.Rs.

Asaram Rustum Bobde(died) Thr. L.Rs.

Kakasaheb Asaram Bobde & ors ...Applicants versus Mandabai Eknath Mogal, (since deceased) Thr. Her L.Rs.

Eknath Sakharam Mogal (died) through his L.Rs.

Ansabai w/o Madhurao Bande & ors

...Respondents

.....

Mr. V.C. Patil, Advocate h/f Mr.Satish M. Godsay, Advocate for applicants .....

CORAM : N.W. SAMBRE, J.

DATE : 6th JULY, 2015 ORAL ORDER :

This Court, by order dated 11/06/2014, has permitted the present appellants to bring on record the legal heirs of respondent No.9.

2.

Office has raised objection that the appellant has not carried out amendment. One more facet of the matter is that Civil

12737.14ca -2Application No. 8572 of 2014 is moved by the appellant for permission to add subsequent purchasers as respondent Nos. 7 to 13.

3.

Out of these respondents, respondent Nos. 9 and 11 are reported to be dead.

4.

Civil Application No. 8572 of 2014 is concerned, except respondent Nos. 9 and 11, all are served, none appears. 5.

In view thereof, Civil Application No. 8572 of 2014 for impleading respondent Nos. 7 to 13, who are subsequent purchasers, stands allowed.

6.

In view of the order dated 11/06/2015 referred supra, the applicant is permitted to carry out amendment within period of two weeks from today.

[ N.W. SAMBRE, J. ] Tupe/06.07.15