Prakash Jamnadas Anandani And Others v. Nilkanthrao Kashirao Deshmukh And Others

42cas 21-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAA) NO. 21/2023 IN APPEAL AGAINST ORDER NO. 29/2021 Prakash Jamnadas Anandani and others Vs.

Nilkanthrao Kashirao Deshmukh 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 D.A. Sharma, Advocate for appellants Shri A.R. Deshpande, Advocate for respondent No.1 Shri K.L. Dharmadhikari, A.G.P. for respondent Nos. 2 & 3 CORAM : SMT. M.S. JAWALKAR, J.

DATE : 23/03/2023 Present application is filed for grant of permission to supply correct address of respondent Nos. 4 and 5.

2.

Permission is granted.

3.

Necessary amendment to be carried out within three days.

4.

After amendment is carried out, issue notice to respondent Nos. 4 and 5 on corrected address, returnable within two weeks.

CIVIL APPLICATION (CAA) NO. 3/2022 Present application is filed for grant of leave to amend the instant appeal against order. By way of this amendment appellant want to raise additional ground. Jayashree..

42cas 21-2023.odt 2.

The application is opposed by respondents. However, appeal is yet to be admitted, no prejudice is going to cause to the respondent hence application is allowed. 3.

Permission is granted.

4.

Necessary amendment to be carried out within a week.

CIVIL APPLICATION (CAA) NO. 37/2022 Present application is filed for grant of permission to delete the name of respondent No.7 from the array of the parties. It is submitted that respondent No.7 expired on 24/04/2021 during the pendancy of the Regular Civil Appeal No. 149/2012. As such, the appeal came to be decided without bringing legal representatives of deceased respondent No.7 on record. As per contention of the applicant Regular Civil Appeal is abated and order passed in absence of legal representatives of respondent No.7 is a nullity.

2.

The application is opposed by Counsel for respondent. However, the permission is granted to delete the name at the risk and consequences of the appellant. 3.

Necessary amendment to be carried out within one week.

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