Smt. Kumudiin Ganesh Datar v. Bhagirathi Mahadev Golambade

58-CA-2072-2015.doc Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2072 OF 2015 IN SECOND APPEAL NO.675 OF 2014 Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2023.01.03 18:49:28 +0530 ARJUN VITTHAL KUDHEKAR Smt. Kumudini Ganesh Datar ...Applicants Since deceased through her legal heirs 1/A. Vidyabhushan V. Vaidya & Ors.

V/s.

Bhagirathi Mahadev Golambade & Ors.

...Respondents

Mr. Yash Dewal h/f S. S. Kanetkar, for the Appellants/Applicants.

Mr. Arya Sapre i/b Mr. Harshad Bhadbhade, for Respondent Nos. 1, 5A, 5B & 5C.

Ms. Shraddha Pawar i/b Dilip Bodake, for Respondent No.8.

CORAM : MADHAV J. JAMDAR, J.

DATE : 2nd JANUARY, 2023 P.C.:

1.

This Civil Application is taken out for bringing on record legal heirs of deceased Respondent No.5. 2.

The Respondent No. 5 passed away on 9th May, 2009 during the pendency of the Appeal before the First Appellate Court.

3.

The Civil Application is allowed in terms of prayer

58-CA-2072-2015.doc clause (a) subject to the objection of the Respondents regarding abatement of the Appeal before the First Appellate Court and the effect of the same on the decree. 4.

The Civil Application is disposed of subject to above. (MADHAV J. JAMDAR, J.)