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Bombay High CourtCAS/210/2022ca disposed off

Smt. Neela W/O Prabhubhai Rathod v. Deepak S/O Vasudeobhai Rathod And Others

2022-10-06Hon'Ble Smt. Justice M. S. Jawalkar2 pages

cas 210-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAS) NO.

/2022 IN SECOND APPEAL NO. 141/2020 [Smt. Neela w/o Prabhubhai Rathod Vs. Deepak s/o Vasudeobhai Rathod and others] - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri R.R. Srivastava, Advocate for applicant-appellant Shr A.A. Naik, Advocate for respondent nos. 1, 2 and 5 Shri Rohit Joshi, Advocate for respondent nos. 3,7-a to 7-c. 8, 9, 10-1 to 10-8 and 11 CORAM : SMT. M.S. JAWALKAR, J.

DATE : 06/10/2022 Present application is filed by the applicantappellant for grant of permission to add other legal heirs of Vasudeo as respondent nos.12 to 14. The details of the respondents are given in para six of the application. 2.

Learned counsel for the appellant submitted that the daughters are already added in final decree proceeding.

3.

Learned Counsel for the respondents also have no objection if they are added as respondents, but request is made that appellant be directed to serve respondents within specific period and if appellant failed to serve added respondents in that specified period the matter will be proceeded without addition of the respondents.

cas 210-2022.odt 4.

Learned counsel for the appellant assured this court that the proposed respondents will be served within four weeks.

5.

The application is allowed. The proposed respondents are permitted to be added as respondent nos. 12 to 14. Appellant to carry out amendment within one week.

6.

Issue notice to added respondents, returnable within four weeks. In addition to usual mode of service, the appellant is permitted to serve the respondents by registered post acknowledgment due as well as service on e-mail address.

(SMT. M.S. JAWALKAR, J.) Gulande Signed By:JAYASHREE SHARAD SHINGNE