Bombay High CourtCAS/1045/2019allowed

Kailas S/O Vitthal Chavan And Another v. Anjanabai Wd/O Narayandrao Thorat And Others

2021-08-03Hon'Ble Shri Justice S.M. Modak2 pages

sa.276.08 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAS] No.1045 of 2019 with Civil Application [CAS] No.1046 of 2019 in Second Appeal No.276 of 2008 Kailash Vitthal Chavan & another vs.

Smt. Anjanabai Narayanrao Thorat & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Ms. Sonali Khobragade, Advocate for the Applicant-Appellant No.2. Ms. Archana Narad, Advocate for Appellant No.1. Shri S.D. Chande, Advocate for Respondent Nos.1, 2 & 29. Shri Vipul Bhise, Advocate for Respondent No.6. Shri Ramesh Chavan, Respondent No.23 in Person. Ms. Sonali Saware, Advocate for Respondent Nos.29 & 31. Shri A.P. Wagh, Advocate for Respondent No.33 & 34. Shri A.M. Kukday, Advocate for Respondent Nos.36 to 38.

CORAM

: S.M. MODAK, J.

DATE : 3 rd AUGUST, 2021.

Appellant No.2 expired on 11/10/2014. Copy of death certificate is annexed. Earlier prayer for bringing legal representatives could not be made for the reasons stated in paragraphs 2 & 3 of Civil Application No.1045/2019.

Respondent Nos.1, 2, 30, 31, 36, 37 & 38 are not having any objection for allowing of the application for bringing the legal representatives on record. In view of that, both the applications are allowed. The name of deceased appellant No.2 be deleted and the names of his legal representatives be added. The applications are disposed of accordingly.

sa.276.08 2/2 Second Appeal No.276/2008:

Perused pursis bearing Stamp No.20/2021.

Learned Advocate Shri S.D. Chande has intimated vide pursis Stamp No.20/2021 about the death of respondent No.29. It is also submitted by the learned Advocate that respondent No.30 has also expired on 15/02/2012. The appellants to take necessary steps.

Stand over to 11th August, 2021.

JUDGE *sandesh