Uttamrao S/O Champatji Moharle And Another v. Manik S/O Keshao Wakde (Deceased)

18caf 1076.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1076/2022 IN FIRST APPEAL (FA) NO. 158/2022 UTTAMRAO S/O CHAMPATJI MOHARLE AND ANR.

..VS..

MANIK S/O KESHAO WAKADE AND ANR.

----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Mrs. G.J. Lande, Advocate for applicants/appellants Shri Shahrukh Ahemad, Advocate for non-applicant/respondent no. 3 CORAM : NITIN W. SAMBRE, J.

DATED : 29/08/2022 This is an application for bringing legal heirs on record of respondent no. 1.

The learned Counsel for the applicants/appellants demonstrates that a notice about death of respondent no. 1 came to her knowledge from the Court proceedings as the notice issued to respondent no. 1 was returned back unserved within endorsement about his death.

According to me, notings are of dated 25.03.2022. As such, the application is within permitted time.

In view of the above, the civil application stands allowed. The applicants/appellants shall incorporate the legal heirs of respondent no. 1 within a period of three weeks from today. FIRST APPEAL (FA) NO. 158/2022 Once the legal heirs are incorporated by amending title clause of the appeal, notice should be issued to the legal heirs of respondent no. 1, returnable in six weeks thereafter. SMGate

18caf 1076.2022.odt Service by private mode i.e. by registered post A/D, speed post etc., is permitted.

(NITIN W. SAMBRE, J.) Digitally signed by SANDIP MAHADEV GATE Date:

2022.08.30 16:19:42 +0530 SANDIP MAHADEV GATE SMGate