Jagannath Devi Pande Deceased Thr. Lrs. Govind Gopal Pande And ORS. v. Jagdev Ramkrushna Tidke And ORS.

1 SA330-06.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR SECOND APPEAL NO. 330/2006 (JAGANNATH DEVI PANDE (D) THR. LR's GOVIND GOPAL PANDE & OTHERS VERSUS JAGDEORAO RAMKRUSHNA TIDKE & OTHERS) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri V.S. Bapat, counsel for the appellants.

Shri R.L. Khapre, Senior Advocate with Shri D.R. Khapre, counsel for the R-1 to 3. Shri O.A. Ghare, counsel for R-21 to 25.

CORAM : A. S. CHANDURKAR, J.

D ATED : 26 TH NOVEM BER, .

C.A.S. Nos.31/2021 and 32/2021 have been filed by the appellants praying that the order dated 24.11.2014 by which the name of the respondent no.5 was struck off from the array of parties be recalled and permission be granted to serve the said respondent by substituted service. Shri R.L. Khapre, learned Senior Advocate for the respondent nos.1 to 3 invites attention to the reply filed to C.A.S. No.321 of 2019 in which it has been stated that the respondent no.5 has expired in the year 2009. In view of aforesaid, the prayers made in these two civil applications cannot be granted in view of the death of the respondent no.5. These civil applications are disposed of. It is open for the appellants to take appropriate steps in the light of the death of the respondent no.5 in the year 2009. For similar reasons C.A.S. Nos.321/2019 and 322/2019 are also disposed of with aforesaid liberty.

(A. S. CHANDURKAR, J.) APTE byROHIT DATTATRAYA APTE