Dagdu Natu Kawale Died Lrs Janabai And ORS v. Panditrao Ramrao Deshmukh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1042 OF 2016 IN SECOND APPEAL NO. 276 OF 2014 (Sr.No. 51) Dagdu Natu Kawale Died his L.R.s ...

APPLICANTS

VERSUS

Panditrao Ramrao Deshmukh ...

RESPONDENT Advocate present.

CORAM:

VIJAY S.KULKARNI REGISTRAR (JUDL) DATED: 24/02/2016 1.

Heard learned Advocate for the Appellants.

The present Civil Application is filed praying for bringing the legal heirs of original appellant Mr. Dagdu Natu Kawale on record. It has been mainly contended by the applicant that, original appellant Dagdu Natu Kawale died on 26.09.2015, during the pendency of Second Appeal. The deceased Dagdu Natu Kawale died leaving behind his legal heirs i.e. applicant Nos. 1 to 4. The application is filed by the applicant on 17.12.2015. The copy of the death certified is filed on record shows that, Dagdu Natu Kawale died on 26.09.2015. There is no contest to this application.

In view of the above, it is abundantly clear 1042.2016 CA

-2that, the application filed by the applicant for bringing legal heirs on record of deceased original appellant Mr. Dagdu Natu Kawale is within time and deserves to be allowed by passing following order.

ORDER

i] The Civil Application No. 1042 of 2015 is hereby allowed.

ii] The applicants are permitted to bring on record the legal heirs of deceased original appellant Mr. Dagdu Natu Kawale .

iii] The necessary amendment be carried out within 14 days from the date of this order.

iv] The amended copy be kept on record and its copy be supplied to the other side.

v] Accordingly, the above Civil Application stands disposed of.

REGISTRAR (JUDL) 1042.2016 CA