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Bombay High CourtCAS/1372/2019disposed off

Smt.Hanumant Mansigh More And (Deceased) 1. Mr.Santosh Hanumant More And Others v. Shri.Sahebrao Vitthal Chavan

2022-07-14Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

9-CAS-1372-2019.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1372 OF 2019 IN SECOND APPEAL NO.54 OF 2021 Hanumant Mansing More ] (since deceased) through his legal heirs;

] Santosh Hanumant More and others.

] Applicants Vs.

Sahebrao V. Chavan ] Respondent .....

Mr. Shrishail Sakhare, for Applicant.

Mr. Vishwanath S. Talkute, for Respondent.

.....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 14th JULY, 2022.

P.C.

1.

This is an application for bringing legal representatives of sole appellant Hamumant Mansing More who is said to have died on 5th September, 2015.

2.

It is submitted that right to sue survives to legal representatives of the appellant and, therefore, his legal representatives are required to be brought on record. It is also submitted that son of the appellant had a power of attorney executed in his favour by the deceased when Second Appeal No.242 of 2017 was filed.

3.

As such, application is allowed. Necessary amendment shall be carried out within two weeks from today. After effecting amendment, SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2022.07.16 16:39:40 +0530

9-CAS-1372-2019.doc amended copy of the memo of appeal shall be served upon the respondents.

4.

Application stands disposed of.

[PRITHVIRAJ K. CHAVAN, J.]