Dhanraj @ Dhanlal S/O Balchand Thakre And 2 Others v. Smt. Ambarbai W/O Lakhan Patle And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Civil Application [CAS] No. 1378 of 2017 IN Second Appeal No.104 of 2017 [Dhanraj @ Dhanlal Balchand Thakre & two others Vs. Smt. Ambarbai Lakhan Patle & others] ______________________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. R. M. Pande, Adv., for applicants.

Mr. Alok Ghawde, Adv., for applicants in C.A. No. 1379 of 2017. ----

CORAM

:

A. S. CHANDURKAR, J.

DATE :

14th December, 2017 As the application for bringing on record the legal heirs of respondent no. 3 (a) has been filed within limitation, same is allowed. Legal heirs be brought on record within a period of one week from today. Civil Application is disposed of.

-0-0-0-0Second Appeal No. 104/2017 :

Issue notice of hearing of the appeal to the legal heirs of respondent no. 3 (a), returnable in eight weeks. -0-0-0-0-

Civil Application No. 1379 of 2017 :

This application has been filed by the legal heirs of respondent no.13 for bringing them on record in the Second Appeal. Said respondent no.13 expired on 17th August, 2016. As no steps were taken by the appellants to bring said legal heirs on record, this application has been moved by them.

The prayer is not opposed by the learned counsel for the appellants on the ground that interests of the appellants and respondent no.13 are common.

Accepting said reason, the legal heirs of respondent no.13 are permitted to be brought on record by setting aside the abatement and condoning the delay. Amendment be carried out within one week. Application is disposed of.

Judge ||hedau|