Shital Subhash Bante And Others v. Vijaykumar S/O Maroti Bante And ORS

1 108cao31.12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (O) NO.31 OF 2012 IN MISC. CIVIL APPLICATION ST. NO.8949 OF 2005 IN SECOND APPEAL NO.104 OF 1990 SHITAL SUBHASH BANTE AND OTHERS VS VIJAYKUMAR S/O MAROTI BANTE AND OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. P. Bhandarkar, Advocate for the appellants. Shri V. R. Choudhari, Advocate for the respondent nos.3, 4(A to F) 5. CORAM : A.S. CHANDURKAR, J.

DATED : AUGUST 01, 2017.

By these application, it is prayed that the applicants be permitted to be brought on record as applicant Nos.2 to 5. It is stated that the applicants are the legal heirs of Dnyaneshwar Bante. Said Dnyaneshwar expired on 16-5-2008. The names of the present applicants could not be brought on record on account of inadvertent mistake of the Counsel.

The application is opposed by the learned Counsel for the non-applicants on the ground that the reasons furnished are not sufficient to allow the application. The proceedings arise out of suit for partition and separate possession. The legal heirs of Mahadeo Bante are already brought on record. Considering the nature of

2 108cao31.12 proceedings, I find that it would be appropriate to allow the present application. Hence, the application is allowed. The cause title of the proceedings be amended within a period of one week.

The civil application is allowed.

JUDGE /MULEY/