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Bombay High CourtCA/12976/2023admittedallowedgrantedrule absolute

Rajendra Gotusingh Naik v. Shrawan Chindu Bhil And Others

2024-06-27Hon'Ble Shri Justice Sandipkumar C. More2 pages

914 CA 12976-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO. 12976 OF 2023 IN SECOND APPEAL NO. 261 OF 2021 WITH SECOND APPEAL NO. 261 OF 2021 WITH CIVIL APPLICATION NO. 5672 OF 2021 IN SA/261/2021 RAJENDRA GOTUSINGH NAIK

VERSUS

SHRAWAN CHINDU BHIL AND OTHERS ...

Mr. M.M. Bhokarikar - Advocate for Applicant Mr. V.H. Dighe - Advocate for Respondent No.1 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 27th June, 2024 PER COURT :

CIVIL APPLICATION NO. 12976 OF 2023 1.

Heard rival submissions.

2.

The applicant/appellant is seeking permission to bring on record legal representatives of respondent No.2 - Damu Natthu Bhil, who admittedly died on 06.04.2020 by condoning the delay of 1198 days.

3.

Though the application strongly opposed by the Pooja K.

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914 CA 12976-2023 respondent No.1, but considering the right to sue the application stands allowed in terms of prayer clauses 'b' to 'd', subject to cost of Rs.2,000/- (rupees Two Thousand only) to be paid to the Registry of this Court for utilization of High Court Dispensary, Bench at Aurangabad.

4.

The Civil Application is accordingly disposed of. 5.

Amendment be carried out within stipulated period and after deposit of cost.

6.

List the Second Appeal No. 261 of 2021 alongwith Civil Application No.5672 of 2021 on 11th July, 2024. [ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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