← Library
Bombay High CourtCA/14356/2017disposed offdismissed for default

Nimba Dhudku Patil (Died) Thr Lrs Bhartai And ORS v. Dinkar Rangrao Shinde And ORS

2017-11-29Hon'Ble Shri Justice K. K. Sonawane1 pages

1 918 CA-14356-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14356 OF 2017 IN FAST/21225/2016.

NIMBA DHUDKU PATIL

VERSUS

DINKAR RANGRAO SHINDE AND OTHERS ...

Advocate for Applicant : Mr. K. B. Jadhav ...

CORAM : K.K. SONAWANE, J.

DATED : 29TH NOVEMBER, 2017.

Order :- Heard learned counsel for applicants.

2.

Perused the application and relevant documents on record. It appears that after presentation of First Appeal (Stamp) No. 21225 of 2016, the appellant Nimba Dhudku Patil passed away on 9th August, 2016. The applicants are the legal heirs of deceased. The applicants preferred present application for substitution in appeal being legal heirs of deceased appellant. The matter pertains to the motor accident claim. The appellant was the original claimant. In such circumstances, there is no impediment to allow the applicants for substitution as appellants in this matter at the place of original appellant deceased Nimba. Hence, application stands allowed in terms of prayer clause 'A'. The delay caused for filing present application is hereby condoned. The applicants are permitted to bring them for substitution as appellants in the proceedings of appeal. The applicants/appellants shall carry out requisite amendment within two weeks.

3.

In above terms application stands disposed of accordingly. [ K. K. SONAWANE ] JUDGE rrd.