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Bombay High CourtMCA/755/2018allowed

Yeshwant Laxman Pai Raikar And ANR., v. Laxman V. Singbal And 2 ORS.,

2018-12-18Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 755 OF 2018 IN FIRST APPEAL NO. 38 OF 2018 YESHWANT LAXMAN PAI RAIKAR AND ANR., ... Applicants

Versus

LAXMAN V. SINGBAL AND 2 ORS., ... Respondents Ms. R. Banaulikar, Advocate holding for Shri Jagannath Jayant Mulgaonkar, Advocate for the Applicants.

Shri Vilas P. Thali, Advocate for the Respondent nos.2 and 3. Coram:- NUTAN D. SARDESSAI, J.

Date:- 18th December 2018 P.C.

Learned Counsel appearing for the respondent nos.2 and 3 submits that there was an assignment/agreement pursuant to which the respondent no.1 had assigned his rights and interest to the suit property under an Agreement in favour of the respondent nos.2 and 3.

2. In view thereof, the application to bring the legal heirs on record does not survive. At the highest, the proposed legal heirs of the respondent nos.1(a) and (b) could be brought on record as the spouses of the respondent nos.2 and 3 respectively. To that limited extent, the application is allowed. Applicants to carry out

MCA/755/2018 the necessary changes in the application.

3. Application accordingly stands disposed off. NUTAN D. SARDESSAI, J.

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