Bombay High CourtCAS/85/2020ca disposed off

Shewantabai Wd/O Patwaru Sakore And Another v. Rambhau S/O Istari Selokar And Others

2020-01-17Hon'Ble Shri Justice Avinash G. Gharote2 pages

1701cas85.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAS) NO.85/2020 IN SECOND APPEAL NO.30/2019 Shewantabai wd/o Patwaru Sakore and another ...Versus...

Rambhau s/o Istari Selokar and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------------- Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders or directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------ -- Shri R.M. Sharma, Counsel for appellants/applicants Shri S.S. Ghate, Counsel for respondent nos.1to 3 CORAM : AVINASH G. GHAROTE, J.

DATE : 17/01/2020 By this civil application, the legal representatives of deceased respondent no.1 - Rambhau are sought to be brought on record.

It is submitted that the respondent no.1 passed away on 19/11/2019, leaving behind him the respondent nos.2 and 3 as well as the persons named in paragraph no.2 of the application, i.e., at serial nos. (iii) to (v) as his legal representatives. The respondent nos.2 and 3 are already on record.

Considering the reasons stated and the fact that the proceedings are filed for partition between the parties,

1701cas85.2020.odt the civil application is allowed in terms of its prayer. The legal representatives of respondent no.1, as mentioned in the prayer clause of the application, be brought on record. Learned Counsel for the applicants/appellants to carry out the amendment within a period of one week. Upon amendment being carried out, issue notice to the added legal representatives, returnable on 17/02/2020. The applicants/appellants to serve them by all modes, as permissible in law.

The civil application stands disposed of accordingly. No order as to costs.

JUDGE Wadkar, P.S.