Tukaram Jagoba Thakre v. Sumitra Deoraoji Kale And Others

35. CAS 327.23 in SA 471.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO. 327 OF 2023 IN SECOND APPEAL NO. 471 OF 2022 TUKARAM JAGOBA THAKRE ...VERSUS...

SUMITRA DEORAOJI KALE AND ORS.

____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri R.G.Kavimandan, Advocate for appellant.

Ms. Prachi Joshi, Advocate for respondent no. 1.

CORAM

:

SMT. M. S. JAWALKAR,J.

DATE :

th MARCH , 2023 The present application is filed for deleting the name of respondent no. 3(a) from the array of respondents. 2.

It is submitted that after issuance of notices to the respondents, it came to the knowledge that respondent no. 3(a) is dead, however, her legal heirs are already on record. In view of that, the appellant prayed for deleting the name of respondent no. 3(a) from the array of respondents. In view of the above statement, application is allowed. The appellant is permitted to delete the name of respondent no. 3(a) from the array of respondents. 3.

Necessary amendment to be carried out within one week. 4.

Accordingly, the application stands disposed of.

35. CAS 327.23 in SA 471.22 CIVIL APPLICATION (CAS) NO. 281 OF 2023 Leave to amend and add the name of respondent no. 2 in the present application is allowed.

2.

Necessary amendment to be carried out forthwith. 3.

The present application is filed for grant of permission to serve notices by paper publication to respondent no. 3(d) and in view of the amendment, to respondent no. 2.

4.

It is submitted on affidavit that, in spite of attempt to serve respondents on the registered addresses, the notices returned back unserved for want of correct address. In view thereof, permission is granted to serve respondent no. 3(d) so also respondent no. 2 by way of paper publication in two local newspapers as prayed for. 5.

Accordingly, the application is disposed of.

CIVIL APPLICATION (CAS) NO. 1286 OF 2022 Interim order to continue till next date.

(Smt. M.S. Jawalkar, J.) B.T.Khapekar