Asruba Namdeo Kshirsagar (Died) Lrs Mohan And ORS v. Kisan Dhondiram Kshirsagar And Others

34-CA-4870-2020 SGA

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4870 OF 2020 IN SECOND APPEAL NO.224 OF 1995 WITH CIVIL APPLICATION NO. 2100 OF 1998 IN SECOND APPEAL NO. 224 OF 1995 Asruba Namdeo Kshirsagar Deceased through his L.Rs.

1. Mohan Ashruba Kshirsagar and others ... Applicants

Versus

Kisan Dhondiram Kshirsagar Through his L.Rs.

1-A) Dharmaraj Kisan Kshirsagar and others.

... Respondents ...

Mr. Davale h/f Mrs. C.S. Deshmukh - Advocate for applicants Mr.R.B. Deshpande - Advocate for respondent nos. 1-A to 1-C ...

CORAM : GAURI GODSE, J.

DATE : 13th January, 2023 PER COURT :

Civil Application No. 4870 of 2020 :

1.

This application is for bringing on record the heirs and legal representatives of deceased respondent no.1. Mrs.Deshpande, learned counsel appears for the heirs and legal representative of 1/2

34-CA-4870-2020 respondent no.1.

2.

For the reasons stated in the application, the application is allowed in terms of prayer clauses "B" and "C", which read thus:- "B) Names of legal heirs of deceased Respondent No.1, namely, Kisan s/o Dhondiram Kshirsagar as shown in paragraph No. 6 be brought on record of Second Appeal No. 224 of 1995; C) The delay of 45 days caused in filing the present application for bringing legal heirs of deceased respondent No. 1 on record be condoned;"

3.

Necessary amendment to be carried out within two weeks from today.

Civil Application No. 2100 of 1998 :

1.

Since the learned advocate appearing for respondent no.3 is elevated as Judge of Bombay High Court, the office to issue notice to respondent no.3, returnable on 24th February, 2023. [ GAURI GODSE ] JUDGE 2/2