Bombay High CourtCAC/110/2013disposed off

Hajrat Pir Shammamirsaheb Darga Miraj And Others v. Shri. Maharudrappa Balingappa Ichalkaranje And Others

2015-04-13Hon'Ble Shri Justice M.S. Sonak1 pages

cac-110-2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.110 OF 2013 IN CIVIL REVISION APPLICATION (ST.)NO.1623 OF 2013 Hajrat Pir Shamnamirsaheb Darga Miraj ..

Applicant.

V/s.

Shri Maharudrappa B. Ichalkaranje & Others ..

Respondents.

Mr. M. S. Ansari i/b. Mr. R. M. Momin, for the Applicant. CORAM: M.S.SONAK,J.

DATE : 13th APRIL, 2015.

P.C: The learned Counsel for the Applicant seeks leave to delete Respondent No.1 who has since expired. The learned Counsel for the Applicant states that there is no necessity to bring the legal heirs of deceased Respondent No.1 on record, since according to the learned Counsel, the possession of the said property is with the Respondent No.2. Deletion is permitted at the risk and consequence of the Applicant. Looking to the averments set out in the Civil Application, particularly averments in paragraph V thereof, the delay for instituting the Civil Revision Application, is condoned.

Civil Application is disposed of.

(M.S.SONAK,J.) S.R.JOSHI