Ambadasrao Narharrao Deshpande Died Lrs. Manglabai And Others v. Kamalakar Narharrao Deshpande Lrs Sanjay And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 5 CIVIL APPLICATION NO.7318 OF 2021 IN SA/408/2013 WITH CA/7316/2021 IN SA/408/2013 AMBADASRAO NARHARRAO DESHPANDE DIED LRS. MANGLABAI AND OTHERS

VERSUS

KAMALAKAR NARHARRAO DESHPANDE LRS SANJAY AND OTHERS ...

CORAM:

H.M.BHOSALE REGISTRAR (JUDL) DATED: 04/08/2021 1.

The Civil Application No.7316/2021 is preferred by the appellant to bring on record legal heirs of respondent no.1 Ambadasrao Narharrao Deshpande, who died during pendency of the appeal i.e. on 15.9.2019. Whereas, Civil Application No.7318/2021 is filed by the legal heirs of respondent no.1 to substitute them in place of deceased respondent no.1. The Civil Application No.7316/2021 is filed on 27.11.2019 whereas Civil Application No.7318/2021 is filed on 10.12.2019. Both the civil applications are within limitation. 2.

Considering above and by virtue of the provisions under Chapter II Rule 3 sub rule (i) of the Bombay High Court Appellate Side Rules, as both the applications are filed for one and the same purpose and same are within limitation, it stands allowed. 3.

The appellant to carry out amendment within stipulated period.

REGISTRAR (JUDL) 5 CIVIL APPLICATION NO.7318 OF 2021