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Bombay High CourtCA/14704/2019disposed offdismissed for default

Ambadas Umaji Mehetre (Died) Thr Lrs Sitaram And ORS v. Shantaram Eknath Rane And ANR

2020-01-17Hon'Ble Shri Justice V.L. Achliya2 pages

CA 14704/19 in FA 590/19 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 946 CIVIL APPLICATION NO.14704 OF 2019 IN FA/590/2019 AMBADAS UMAJI MEHETRE (DIED) THROUGH L.RS. SITARAM AND OTHERS

VERSUS

SHANTARAM EKNATH RANE AND ANOTHER ...

Advocate for Applicants : Shri A.S. Pavse h/f Shri Shaikh Mazhar A. Jahagirdar Advocate for Respondent no.1 : Shri Amol S. Gandhi Advocate for respondent no.2: Shri Dhananjay P. Deshpande CORAM: V.L. ACHLIYA, J.

DATE: 17.01.2020 PER COURT :

1] The applicants - L.Rs. of deceased respondent no.1 - claimant have moved this application to bring them on record. According to the applicants, original claimant Ambadas Umaji Mehetre died on 25.4.2016. The appellants have not taken steps to bring the L.Rs. of deceasaed respondent no.1 on record. Therefore, they have fled present application.

2] Learned counsel for the respondent no.2 - insurance company has no objection to allow the application. 3] On due consideration of the submissions advanced and the cause of action survives for the applicants to defend the appeal,

CA 14704/19 in FA 590/19 - 2 - I am of the view that the application deserves to be allowed. 4] Accordingly, the application is allowed in terms of prayer clause (B). Names of applicants be substituted as L.Rs. of deceased respondent no.1. Necessary substitution be carried out within two weeks.

5] Civil application is disposed of in above terms. (V.L. ACHLIYA, J.) ndk/c1712015.doc