Smt, Tarabai Wd/O Chandrakant Viadya (Dead) Through Lrs. Arun Chandrakant Vaidya And Others v. Shri Dyaneshwar S/O Punjaramji Akare And Others

sa.98.11 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAS] No.132 of 2021 with Civil Application [CAS] No.134 of 2021 in Second Appeal No.98 of 2011 Smt. Tarabai wd/o Chandrakant Vaidya [dead] through L.Rs. vs.

Dyaneshwar Punjaramji Akare & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mrs. M.N. Hiwase, Advocate for the Appellants.

CORAM

: S.M. MODAK, J.

DATE : 7 st JULY, 2021.

Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

Appellant No.2-Kamlakar Vaidya expired on 30/09/2019. So also, appellant No.3-Prafulla Vaidya expired on 12/11/2020. Photocopies of their death certificates are annexed. Both are the sons of the original plaintiff/original appellant-Tarabai herein. Right to sue survives. These present two applications have been filed in time. Hence, the following directions. i.

Name of appellant No.2-Kamlakar Vaidya and name of appellant No.3-Prafulla Vaidya be deleted and the names of their legal representatives as mentioned in the applications be brought on record.

ii. Necessary amendments be carried out within a period of four weeks.

sa.98.11 2/2 iii. Copy of amended appeal memo be served on the respondents.

iv. The applications are disposed of.

v. The matter be kept in the first week of August, 2021.

JUDGE *sandesh