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Bombay High CourtCAF/3069/2024ca disposed off

Prabhakar Fakira Wankhade And Others v. Nirmal Land Developers And Builders, Nagpur Thr. Its Partner Mahendra Jairam Borkar And Others

2024-10-21Hon'Ble Shri Justice Sanjay Anandrao Deshmukh2 pages

1 14caf3069.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.3069 OF 2024 IN FIRST APPEAL ST. NO.19840 OF 2024 [Prabhakar Fakira Wankhade and others .vs. Nirmal Land Developers & Builders and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.M. Thakre, Advocate for Applicants-Appellants. Mr. M.R. Joharapurkar, Advocate for respondent nos.2 to 4. Mr. Pratik Jain, Advocate on behalf of Ms. Shrushti Lambodhari, Advocate for respondent nos.5 and 6.

..........

CORAM : SANJAY A. DESHMUKH, J.

DATE : 21 st OCTOBER, 2024.

1.

This is an application for grant of leave to file appeal on behalf of legal representatives of appellant nos.3, 5, 6, 7, 8, 10, 11 and 12 and to allow them to file appeal, as they are already added in the first appeal.

2.

Perused the application. Heard the learned Advocates for both the sides.

3.

Learned Advocate for the applicants pointed out that the applicants are the legal representatives of appellant nos.3, 5, 6, 7, 8, 10, 11 and 12 and to allow them to file appeal, who are no more. Perused the death certificates of the persons who are no more.

4.

Considering their interest in the subject matter, the application deserves to be allowed in the interest of justice. 5.

The application is allowed and disposed.

2 14caf3069.24.odt Civil Application (CAF) St. No.19842/2024 1.

Issue notice to the respondents, returnable on 25.11.2024.

2.

Mr. Joharapurkar, learned Advocate waives notice for respondent nos.2 to 4 and Mr. Pratik Jain, learned Advocate appeared on behalf of Adv. Ms. Shrushti Lambodhari waives notice for respondent nos.5 and 6.

3.

To be kept along with First Appeal No.811/2024. (SANJAY A. DESHMUKH, J.) Gulande