Deoram Abaji Sanap Since Deceased Per Lrs Chabubai Deoram Sanap And ORS v. Shivaji Damodhar Darade Since Deceased Per Lrs Sarojini Shivaji Darade And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO.4280 OF 2019 IN SA/401/1995 WITH CA/4288/2019 IN SA/401/1995 SHIVAJI DAMODHAR DARADE (DECEASED) LRS SAROJINI AND OTHERS

VERSUS

DEORAM ABAJI SANAP (DECEASED) LRS CHABUBAI AND OTHERS ...

Mr. P.R. Patil, Advocate for the applicants Mr. S.S. Bora, Advocate for the respondent Nos.1 to 5 ...

CORAM :

SMT. VIBHA KANKANWADI,J.

DATE :

27th MARCH, 2019 PER COURT :

Both these applications have been filed, one by appellant and another by respondent to bring the legal representatives of deceased respondent No.1 on record. Respondent No.1 Shivaji Darade expired on 07.09.2018. The appellant filed application to bring his legal representatives on record on 25.11.2018 and the application filed by respondent is on 22.11.2018. In fact, it would be the job of appellant to bring the legal representatives of deceased respondent on record, however, it appears that

CA_4280_2019 even respondent has filed the application. Both the applications being within limitation and the right to sue survives, therefore, they both are allowed. Appellant i.e. applicant in C.A. No.4288 of 2019 to carry out the amendment for bringing the legal representatives of respondent No.1 on record within 14 days.

( Smt. Vibha Kankanwadi, J. ) agd