Smt. Radhabai Wd/O Kashirao Makode (Dead) Through Lrs. Smt. Nirmala Suryaprakash Larokar And Others v. Smt. Kaushalyabai Wd/O Namdeo Madne (Dead) Through Lrs. Vasanta Namdeorao Madne And Others

Order 4 sa 614-2007

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

SECOND APPEAL NO.614/2007 Sau. Radhabai wd/o Kakshirao Makode, -VSKausalyabai wd/o Namdeo Madne (dead) through L.R's Vasanta Namdeorao Madne and others. Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

Shri M.R. Joharapurkar, Advocate for appellant. CORAM : S.M. MODAK , J.

DATE : AUGUST 13, 2021.

CIVIL APPLICATION (CAS) NO.155/2020 Learned Advocate for the applicants requested to withdraw this application. For the reason that in the title clause, wrongly applicant nos. 1 to 5 have been impleaded. In fact, he has filed Vakalatnama for applicant no.6 only. He wants to file fresh application on behalf of the applicant no.6-Haribhau Kashirao Makode only and joining applicant nos. 1 to 5 as respondents. The application is disposed of as withdrawn with liberty to file fresh application.

In view of this Civil Application (CAS) No.156/2020 and Civil Application (CAS) No.157/2020 are also disposed of as withdrawn with liberty to file fresh application. CIVIL APPLICATION (CAS) NO.313/2019 This is an application of the applicants to implead them in place of deceased/appellant. It is on the basis of the willdeed dated 02/06/2018. The applicants in Civil Application

Order 4 sa 614-2007 (CAS) No.155/2020 have opposed that application. Now that reply will be considered to have been filed only on behalf of applicant no.6-Haribhau Makode (as per the Civil Application (CAS) No.155/2020).

This Civil Application (CAS) No.313/2019 will be decided once applicant no.6- Haribhau Makode will file fresh application.

The matter be kept on 06/09/2021.

JUDGE R.S. Sahare