Manikrao Yeshwantrao Patekar Lrs Parvatibai And Others v. Gangubai Ramrao Patekar And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ..CIVIL APPLICATION NO. 672 OF 2014..

IN SA/173/2003 MANIKRAO YESHWANTRAO PATEKAR VERSUSGANGUBAI RAMRAO PATEKAR ...

Advocate for Applicants : Shri Joshi Amol h/f Shri Deshmukh R.S Advocate for Respondent 1 : Shri Kshirsagar Hemraj P. ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: March 19, 2015 ...

PER COURT :- 1.

Heard.

2.

Shri Deshmukh, learned Advocate submits that appellant No.2 Dada Yeshwanta has passed away on 21.9.2013. His legal heirs are from Sr. Nos.2A to 2F, out of which, Jijabai, Awantikabai and Latabai are married daughters of the deceased. This Civil Application is filed by Shivnath Dada, on instructions from the said L.Rs. 2A to 2D and 2F. It is, therefore, submitted that none of these legal representatives are objecting to prosecute this Second Appeal as L.Rs. of Dada Yeshwanta. 3.

Shri Deshmukh further submits that there is a delay of four days in filing this Civil Application for bringing the L.Rs. on record. Reasons are set out in paragraph No.3.

4.

Learned Advocate for the respondent opposes the Civil Application. 5.

In the light of the above, this Civil Application is allowed. Delay of four days is condoned. Order of abatement, if any, to the extent of the deceased Dada Yeshwanta, stands set aside.

6.

Legal representatives of Dada Yeshwanta, therefore, be brought on record in the Second Appeal within a period of three weeks from today. ( RAVINDRA V. GHUGE, J. ) ...

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