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Bombay High CourtCA/2402/2025admittedallowedgrantedrule absolute

Chandrabhan Manaji Kakade And Others v. Anusaya Gangadhar Kakade Died Nandu Gangadhar Kakade And Others

2025-03-072 pages

ca 2438.24+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 74 CIVIL APPLICATION NO. 2438 OF 2024 IN SA/294/2021 Anusaya Gangadhar Kakade And Others

VERSUS

Chandrabhan Manaji Kakade And Another ...

Advocate for Applicant : Mr. Wagh Umakant U.

Advocate for Respondents : Mr. A.D.Sonkawade h/f A.V. Hon For Appellant In Sa ...

WITH SECOND APPEAL NO. 294 OF 2021 WITH CIVIL APPLICATION NO. 2402 OF 2025 IN SA/294/2021 CORAM : S. G. CHAPALGAONKAR, J.

Dated : March 07, 2025 ORDER :- CA for early hearing :- 1.

The applicant prays for early hearing of second appeal which has been admitted vide order dated 13.1.2022 by framing substantial questions of law.

2.

Looking to pendency of old second appeals, request of the applicant cannot be considered at this stage. Hence, the applications stands disposed off with liberty to move for same relief after one year.

CA for L.Rs. :- 3.

Heard learned advocates appearing for the applicant. The applicant seeks permission to bring on record legal heirs of deceased appellant no.2- Fakkad Manaji Kakade on record of

ca 2438.24+.odt the second appeal. The application is supported by death certificate and filed well within period of limitation Hence, there is no impediment in allowing the application. In the result, the application is allowed in terms of prayer clause 'A' and disposed of. Amendment to be carried out within a period of two weeks from today.

( S. G. CHAPALGAONKAR, J. ) ...

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