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Bombay High CourtMCA/194/2015allowed

Smt. Laxmibai Anand Mopkar And 7 ORS., v. Smt. Rukmini Vithal Ballikar (Dec.) Through Lr'S. And 3 ORS.,

2015-07-23Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 194 OF 2015 IN SECOND APPEAL NO. 37 OF 2014 SMT. LAXMIBAI ANAND MOPKAR AND 7 ORS., ... Applicants

Versus

SMT. RUKMINI VITHAL BALLIKAR (DEC.) THROUGH LR'S. AND 3 ORS., ... Respondents Mr. S. Redkar, Advocate for the applicants.

Coram:- C. V. BHADANG, J.

Date:- 23rd July, 2015 P.C.

Heard Shri Redkar, the learned Counsel for the applicants.

2. This is an application for bringing on record the legal representatives of the deceased appellant no.1. The appellant no.1 has died on 15/11/2013, while this application is filed on 11/12/2014. However, it is submitted that the appellant nos.2 and 3 are the sons of the appellant no.1 and as such, the appeal would not abate. The Second Appeal is yet to be admitted. Having regard to the fact that the appellant nos. 2 and 3, who are the legal representatives of the deceased appellant no.1, are already on record, the appeal would not abate. In such circumstances, the application is allowed.

MCA/194/2015 Amendment incorporating the names of the legal representatives be carried out within one week.

C. V. BHADANG, J.

SMA