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Bombay High CourtCAS/541/2018admittedallwdgrantedrule absolute

Sahyandri Griha Nirman Sahakari Sanstha, Yavatmal Through Its Chairman And Another v. Shri Pramod Balaram Bele And Others

2019-03-26Hon'Ble Shri Justice Rohit Baban Deo1 pages

cas541of18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION 541 OF 2018 (Sahyandri Griha Nirman Sahakari Sanstha & anr..vs.. Prasad Balaram Bele and ors) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri R.S. Nagpure, counsel for applicants.

Shri A.V. Bhide, counsel for non-applicant 1. CORAM: ROHIT B. DEO, J.

DATE: 26 th MARCH, 2019.

The learned counsel Shri A.V. Bhide, seeks leave to delete the name of non-applicant 5 - Dadarao Bele, since he is dead. Leave granted. The learned counsel further states that legal representatives of non-applicant 5 are already on record. The appellant 1 is society and is represented by the Chairman. The Chairman Vitthal Khandarkar is dead. The appellant to correct the cause title appropriately. The appellant is permitted to delete the appellant - 2 Vitthal Haribhau Khandarkar. Since the suit agreement of which specific performance is sought, is between appellant - society and the respondents 1 to 4, the legal heirs of deceased appellant - 2 who was impleaded as the then Chairman need not to brought on record.

CIVIL APPLICATION 541 OF 2018 For reasons stated in the Civil Application, the delay of 15 days in preferring the Second Appeal is condoned. JUDGE rsb