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Bombay High CourtCA/13935/2019admittedallowedgrantedrule absolute

Purshottam Gopal Chaudhary And Others v. Manmal Shivlal Sancheti Dead Through Lrs Lalchand And Others

2019-11-29Hon'Ble Shri Justice V.L. Achliya1 pages

956-CA-13935-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 956 CIVIL APPLICATION NO.13935 OF 2019 IN SA/131/2019 PURSHOTTAM GOPAL CHAUDHARY AND OTHERS

VERSUS

MANMAL SHIVLAL SANCHETI DEAD THROUGH LRS LALCHAND ANDOTHERS ...

Advocate for Applicants : Ms. V.A. Shinde h/f Hemant Surve Advocate for Respondent No.3 : Mr. Y.G. Gujrathi ...

CORAM : V.L. ACHLIYA, J.

DATED : 29th NOVEMBER, 2019 PER COURT:- .

This application is filed to bring the L.Rs. of deceased appellant no. 2 on record for the reasons set out in detail in the application.

2.

Heard the learned counsel for the applicants - appellants. It is submitted that the appeal is at the stage of admission. The application is filed within time and the cause of action survives for the legal heirs of the deceased appellant no.2 to prosecute the appeal.

3.

In that view, the application deserves to be allowed. Accordingly, the application is allowed in terms of prayer clause 'B'.

4.

Necessary amendment/substitution be carried out within two weeks from the date of this order. ( V.L. ACHLIYA ) JUDGE SPR