Shrihari Ganpati Sagade Lrs Kasabai And Others v. Ankitabai Sudam Metkar And Others

13544.19CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO.13544 OF 2019 IN SA/132/2018 WITH CA/2281/2018 IN SA/132/2018 SHRIHARI GANPATI SAGADE LRS KASABAI AND OTHERS

VERSUS

ANKITABAI SUDAM METKAR AND OTHERS ...

Mr.S.S. Panale, Advocate for applicants.

Mr.V.P. Savant, Advocate for respondent nos.1 and 2.

...

CORAM: V.L. ACHLIYA,J.

DATE : 19.11.2019 ORAL ORDER:

Pending admission of appeal, the appellant no.2 has died. In view of death of appellant no.2, the applicants have moved this application to bring L.Rs. of deceased appellant no.2 on record with condonation of delay in filing the application.

2.

Considering the cause assigned and cause of action survives to prosecute the appeal, I am inclined to allow the application. Accordingly, the application is allowed in terms of prayer clauses "B" and "C". Necessary substitution be carried out

13544.19CA.odt within one week. List the appeal for admission on 4th December, 2019.

[V.L. ACHLIYA] JUDGE SGA