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Bombay High CourtCAS/1546/2023ca disposed off

Sanjay S/O Lakhanlal Agnihotri v. Smt. Vidyabai Wd/O Ramsanjivan Agnihotri And Others

2023-12-06Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 8 sa 187-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.1546/2023 IN SECOND APPEAL NO.187/2021 Sanjay s/o Lakhanlal Agnihotri Vs.

Smt. Vidyabai wd/o Ramsanjivan Agnihotri and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.K. Bhoyar, Advocate for appellant Shri S.V. Sohoni, Advocate for respondent Nos.2 and 3 CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

06/12/ The present application is filed for addition of party respondent. It appears that suit property is sold by respondent Nos.2 and 3 by registered sale deed to Shri Shankarprasad s/o Babulalji Agnihotri. In view of the sale deed, application is allowed.

2.

Necessary amendment to be carried out by the appellant within a period of one week.

3.

After amendment is carried out, issue notice to the newly added respondent No.4 on merit.

5.

The application stands disposed of.

2 8 sa 187-2021 CIVIL APPLICATION (CAS) NO.1547/2023 Issue notice to the newly added respondent, returnable within two weeks.

2.

In the meanwhile, there shall be ad-interim relief in terms of prayer Clause (ii).

3.

It appears that vide order dated 20/08/2022, the appellant is permitted to serve respondent No.1 through paper publication. Accordingly, notice was published in Lokmat newspaper which is placed on record. As such, respondent No.1 is duly served.

4.

Office to take note.

JUDGE R.S. Sahare