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Bombay High CourtCAF/1311/2019

Mr. Narayan Raghu Thombare Deceased Maruti N. Thombare Deceased Thr. Lrs. Savitrabai Maruti Thombar v. Salu R. Thombare(Deceased)Anusaya S. Thombare(Deceased)Rajaram S. Thombare And ORS.

2019-04-24Hon'Ble Shri Justice K.K. Tated2 pages

46- CAF 1311 of 2019 Tikam

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No.1311 OF 2019 (For deletion of the name of Respondent No.1A) IN FIRST APPEAL (ST) No.25206 OF 2016 Narayan Raghu Thombare (Deceased) through Lrs.

1A. Maruti Narayan Thombare (deceased) through Lrs.

1AA Smt. Savitrabai Maruti Thombare and Ors.

...Applicants Vs.

Salu Raghu Thombare (Deceased) through Lrs.

1A Anusaya Salu Thombare and Ors.

...Respondents

­­­­­ Ms. Chandni Sachade i/b. Mr. Vaibhav Gaikwad for Applicants Mr. Rupesh R. Zade for Respondent Nos. 1A to 1I and Respondent Nos.2 and 3 Ms. Tanaya Goswami ­AGP for Respondent Nos. 4 and 5 ­­­­­ CORAM :

SHRI K.K. TATED, J.

DATE :

APRIL 24, 2019 P.C.:

1.

Heard learned counsel for the parties.

2.

By this Civil Application, the Applicants are seeking permission to delete the name of Respondent No.1A Anusaya Salu Thombare from the record and proceeding of First Appeal including pending Civil Applications therein as she expired on 20th November, 2016. 3.

Considering the submissions made by learned counsel for the Applicants and the averments made in the civil application, I am satisfied that the Applicants have made out a case for passing following order:

46- CAF 1311 of 2019

ORDER

(A) Civil Application is allowed in terms of prayer clause (a), which reads thus:

"(a) This Hon'ble Court be pleased to allow the Applicants to delete the name of Respondent No.1A from the record and proceeding of First Appeal including pending Civil Applications therein."

(B) Applicants to carry out amendment on or before 15th June, 2019 and serve amended copy to other side.

(D) Civil Application stands disposed of accordingly. [ K.K. TATED, J.] Tikam