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Bombay High CourtCAS/148/2017ca disposed off

Chandrabhan Narayan Patil v. Ganpat S/O Narayan Patil, And Others

2017-11-27Hon'Ble Shri Justice V.M. Deshpande2 pages

cas148.17 5

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAS) NO.148 OF 2017 IN SECOND APPEAL NO.491 OF 2014 Chandrabhan Narayan Patil ..vs..

Ganpat s/o Narayan Patil and ors ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri Amit Balpande, Counsel for the applicant/appellant. Shri Sanjay Moon, Counsel for R-3 (ii to vi). Ms S.B. Khobragade, Counsel for R-5 (i, iii, & iv).

CORAM

: V.M. DESHPANDE, J.

DATED : NOVEMBER 27, 2017.

1.

Heard learned counsel Shri Amit Balpande for the applicant/appellant, learned counsel Shri Sanjay Moon for respondent No.3 (ii to vi), and learned counsel Ms S.B. Khobragade for respondent No.5 (i, iii, and iv)). 2.

The present application is moved for bringing legal representatives of deceased respondent No.1 Ganpat Patil on record.

3.

According to the applicant/appellant, the said respondent expired on 14.11.2016 as per the death certificate annexed along with the application.

4.

The present application is filed on 1.2.2017. Thus, the application for bringing the legal representatives of deceased respondent No.1 Ganpat Patil is moved well within .....2/-

cas148.17 5 limitation.

5.

In that view of the matter, the present application is allowed.

6.

The applicant/appellant is directed to amend the cause title of the second appeal incorporating the name of legal representatives whose names are mentioned in paragraph No.2 of the application as respondent No.1(i) to respondent No.1(v) within a period of one week from today.

7.

After the amendment is being carried out, issue Notices to the newly added respondent No.1(i) to respondent No.1(v), returnable after eight weeks.

8.

The civil application is allowed and disposed. JUDGE !! BRW !!

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