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Bombay High CourtCAW/647/2017ca disposed off

Maidabai W/O. Ashraf Patolkar v. Babbu @ Babulal S/O. Moti Patokar And Others

2017-07-06Hon'Ble Shri Justice P.N. Deshmukh1 pages

0607caw647.17 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.647 OF 2017 IN WRIT PETITION NO.3978 OF 2015 (Maidabai w/o Ashraf Patokar, since deceased, through her legal heirs vs. Babbu @ Babulal s/o Moti Patokar 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 K.B. Zinjarde, Advocate for applicants/petitioners. -------- CORAM : P.N. DESHMUKH, J.

DATED : JULY 6, 2017 Heard Shri Zinjarde, learned Counsel for applicants/petitioners.

None for proposed legal heirs of deceased respondent no.4, though appear to be served.

This application is filed for bringing legal heirs of respondent no.4 on record. According to learned Counsel for applicants, respondent no.4 Nanibai expired during pendency of the petition and applicants on getting knowledge of death of said respondent in the Court, immediately moved the present application. Since it is claimed that in spite of death of respondent no.4, subject matter survives, application is allowed. Applicants to take further steps for bringing legal heirs of respondent no.4 on record within two weeks.

On bringing legal heirs of respondent no.4 on record, issue notice to them, returnable on 18/8/2017.

JUDGE khj