Bhagwandas Haridasji Jawandhia (Dead) Through Lrs. Lalit Bhagwandas Jawandhia (Dead) And Others v. Vishnu Mahadeo Holey

1cas1419.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NOS. 1419 AND 1420 OF 2017 IN SECOND APPEAL NO. 361 OF 2004 Bhagwandas Haridasji Jawandhia and others.

V/s Vishnu Mahadeo Holey _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

Shri B.N. Mohta, counsel for the appellants.

CORAM : ARUN D. UPADHYE, J.

DATE : 24/06/2019.

Heard Shri B.N. Mohta, learned counsel for appellant No.1.

Learned counsel has submitted that the appellant Nos. 1 and 3 are expired during the pendency of appeal. There is delay in filing the application for bringing on record their legal heirs. He further submitted that however, the legal heirs are not cooperating to the appellant No.2 and therefore, delay may be condoned and substitution of legal heirs of appellant Nos. 1 and 3 be allowed.

Civil application is allowed.

1cas1419.17 CIVIL APPLICATION (CAS) NO. 1420 OF 2017 The proposed legal heirs are served but not appeared. Perused the application filed by the appellant No.2 for bringing the legal heirs of appellant Nos.1 and 3 on record. For the reasons stated in the application, civil application is allowed. Legal heirs of appellant Nos. 1 and 3 be brought on record as respondents in the appeal. Necessary amendment be carried out in the appeal memo.

Civil application is allowed.

JUDGE rkn