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Bombay High CourtCA/1620/2020admittedallowedgrantedrule absolute

Gulab Dhondiram Patil v. Madhav Dhondiram Patil And Others

2020-02-14Hon'Ble Shri Justice V.L. Achliya2 pages

1620.20CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 962 CIVIL APPLICATION NO.1620 OF 2020 IN SA/365/2014 GULAB DHONDIRAM PATIL

VERSUS

MADHAV DHONDIRAM PATIL AND OTHERS ...

Mr.B.R. Warma, Advocate for applicant.

Mr.M.L. Dharashive, Advocate for respondent no.3.

...

CORAM: V.L. ACHLIYA,J.

DATE : 14.02.2020 ORAL ORDER:

The application is taken out to bring legal heirs of deceased respondent no.3 on record for the reasons set out in detail in the application.

2.

Heard learned counsel for the applicant and learned counsel representing the respondents.

3.

Considering the submissions advanced in the light of facts pleaded in the application, the cause survives to prosecute the appeal against the legal heirs of deceased respondent no.3 and the application is filed within time, I am of the view, the

1620.20CA.odt application deserves to be allowed. Hence the application is allowed in terms of prayer clause-B.

4.

Necessary amendment/substitution be carried out within two week. Notice of appeal be issued to the legal heirs of respondent no.3, returnable on 31st March, 2020.

5.

List appeal for admission on 31st March, 2020.

6.

Civil Application is disposed of in above terms.

[V.L. ACHLIYA] JUDGE SGA