Shrikant S/O Sambappa Chakote And Other v. Sau. Ashadevi Sitaldas Zambani Through Her Power Of Attorney Holder Rajkumar S. Zambani And Others

2024:BHC-NAG:732 45.cra.25.23 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAC] No.123 of 2023 in Civil Revision Application No.25 of 2023 Shrikant s/o Sambappa Chakote and another vs.

Sau. Ashadevi Sitaldas Zambani and others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. Anshu Deshpande, Advocate for the Applicants. Mr. S.R. Kumbhalkar h/f Mr. Hitesh Biherani, Advocate for Non-Applicant No.1.

CORAM

: M.W. CHANDWANI, J.

DATE : 16 th JANUARY, .

Heard.

02] The contention is that, non-applicant Nos.2 to 6, 12 and 17 died. Further contention is that, the applicants came to know about the death of said non-applicants, when the notices in the revision application came to be issued and, therefore, there is a delay in moving an application for bringing the legal representatives of the non-applicants on record.. 03] For the reasons mentioned in the application, the delay is condoned. The application is allowed and disposed of accordingly. Civil Application [CAC] No.124 of 2023 :

In view of death of non-applicant Nos.2 to 6, 12 and 17, the present application has been filed by the applicants for bringing the legal heirs of the deceased non-applicants on record. 02] It is contended on behalf of the learned Counsel for the applicants that right to sue survives against the legal representatives of the deceased non-applicants.

45.cra.25.23 2/2 03] In view of this submission, the application is allowed. Corrections be carried out accordingly in the cause title of the revision application within a period of one week.

04] On carrying out correction in the cause title of the revision application, notice be issued to the non-applicants, making it returnable within three weeks.

05] In addition to usual mode of service, Hamdast is granted to serve upon the non-applicants.

06] The application is disposed of as such.

JUDGE *sandesh