Kamal Bapurao Deshmukh And Others v. Krushna Shankar Nade And Others

244.19CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.244 OF 2019 IN SA/576/2018 SAU.KAMAL BAPURAO DESHMUKH AND OTHERS

VERSUS

KRUSHNA SHANKAR NADE AND OTHERS ...

Mr.A.B. Gatne, Advocate for the applicants.

Mr.S.D. Kotkar, Advocate for respondent Nos.1, 4A, 5B, 7, 8, 10B, 10E, 11 and 13 ...

CORAM: V.L. ACHLIYA,J.

DATE : 19.08.2019 ORAL ORDER:

This application is filed for bringing legal heirs of deceased respondent no.3 on record for the reasons set out in detail in the application.

2.

Inspite of service legal heirs of deceased respondent no.3 are absent.

3.

In brief, it is the contention of learned counsel for the applicants that respondent no.3 though died on 13.09.2013 still no steps were taken in First Appeal to bring the legal heirs of deceased respondent no.3 on record. The respondent no.3 died much

244.19CA.odt prior to passing of decree by the First Appellate Court. After filing of Second Appeal, the present applicants came to know about the death of deceased respondent no.3.

Therefore, they have taken steps to find out the names of legal heirs of deceased respondent no.3 and accordingly, the present application is filed.

4.

On due consideration of submissions advanced in the light of unchallenged and uncontroverted pleadings made in the application assigning reasons for condonation of delay and reasons for bringing the legal heirs of deceased respondent no.3 on record, I am of the view that the application deserves to be allowed. Accordingly, the application is allowed in terms of prayer clauses "A", "C", "D" and "E". Necessary amendment/substitution be carried out within two weeks from today.

5.

The application is disposed of in above terms.

[V.L. ACHLIYA] JUDGE SGA