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Bombay High CourtCAS/171/2020ca disposed off

Pramita Wd/O Vitthalrao Pathrabe Ant Others v. Archana Wd/O Ganesh Wasupatil And Others

2021-09-20Hon'Ble Shri Justice S.M. Modak2 pages

14.SA 3.2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO. 171 OF 2020 IN SECOND APPEAL NO. 3 OF 2013 (Pramila Wd/o Vithalrao Pathrabe & ors. Vs. Archana Ganesh Wasupatil & Ors.) WITH SECOND APPEAL NO. 7 OF 2013 (Chhotelal S/o Zagrusao Gupta Vs. Smt. Archana Wd/o Ganesh Wasupatil) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri Amit A. Choube, Advocate for the appellants. Shri Pushkar Ghare, Advocate for the respondents. CORAM : S.M. MODAK, J.

DATE : 20th SEPTEMBER, 2021.

Respondent No.8 - Nitin S/o Pandurang Shende has expired on 12th September, 2019. The photocopy of the death certificate is annexed. Therein his date of death mentioned 13th September, 2019. That will be considered as correct date of death. His proposed legal representatives are served and they have appeared through their advocate. They are not having any objection. In view of that application is allowed. The name of respondent No.8 be deleted and names of his legal representatives of respondent No.8A to 8E be added. 2.

The Civil Application is disposed of.

CIVIL APPLICATION (CAS) NO.401 OF 2021 Respondent No.6 - Smt. Maya Rambhau Jagtap expired on 18th November, 2020. Photocopy of the death certificate is annexed. Application is filed in time.

14.SA 3.2013 2.

Issue notice to proposed legal representatives 6A to 6D, returnable after four weeks.

SECOND APPEAL NO. 3 OF 2013 This appeal is already admitted. Shri Pushkar Ghare, for respondent Nos. 8A to 8E waives notice, returnable after four weeks.

SECOND APPEAL NO.7 OF 2013 Appellants to take steps for service of notice on respondent No.6 as respondent No.6 is reported to be dead as per balliff report. Appellant to take steps for service on respondent Nos.5, 7 and 8 as it could not be served for want of correct address. Appellants granted time as a last chance. Matter be kept after four weeks.

JUDGE C.L.Dhakate