Devendrakumar Atmaram Gajeshwar Through Gpa Sitaram Narayan Burujwalea v. Nathu Namdeo Mahajan And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.13313 OF 2019 IN WRIT PETITION NO.5123 OF 2002 (Devendrakumar Atmaram Gajeshwar Vs. Nathu Namdeo Mahajan and others) ---- Mr. M.M. Bhokarikar, Advocate for the applicant/petitioner Mr. A.M. Gholap, Advocate for respondent Nos.1, 2 and 4 ---- CORAM : MANGESH S. PATIL, J.

DATE : 17.12.2020 PER COURT :

Heard Mr. M.M. Bhokarikar, learned Advocate for the applicant/petitioner.

2.

This Civil Application is filed to bring on record the legal representatives of deceased respondent No.5 Ramdas Kitkul Mahajan. During pendency of this application, his widow Tulsabai, who was sought to be brought on record as legal representative No.5A, has also died. Learned Advocate Mr. Bhokarikar submits that he has already filed a praecipe on 23.11.2020 informing that the rest of the legal representatives of deceased Ramdas are the only legal representatives of deceased Tulsabai as well.

CA13313-2019 3.

The legal representatives No.5A to 5F have already been served, but have not appeared.

4.

For the reasons mentioned in the application, the delay is condoned. The abatement is set aside. The legal representatives of deceased Respondent No.5 Ramdas are allowed to be brought on record as prayed for. The necessary amendment be carried out within two weeks. After such amendment is carried out, issue notices to the legal representatives No.5B to 5F, returnable within six weeks thereafter.

5.

The application is disposed of.

[MANGESH S. PATIL] JUDGE npj/CA13313-2019