Sameer S/O Bankimchand Dass v. Komalkumar S/O Gopalrao Nimje (Dead) Thr. Lrs. Kovilkumar S/O Komalkumar Nimje And Others

CAS No. 422/2024 in Second Appeal No. 41/2021 Coram : Registrar(Judicial) Dated : 02.01.2025 This application is filed by the applicant for bringing legal heirs of deceased sole appellant - Sameer Bankimchand Dass on record. It is stated in the application that during the pendency of the present appeal, the aforesaid appellant passed away on 04.04.2021 leaving behind his heirs. The copy of death certificate is filed on record. The application is supported by affidavit.

It is seen that the aforesaid appellant passed away on 04.04.2021 during the pendency of the appeal and the present application is filed on 03.07.2021 i.e. within time stipulated and right to sue survives. Hence, the application is allowed.

Permission is granted to the applicant to bring the legal heirs of the aforesaid deceased appellant on record as mentioned in the application. Necessary amendments be carried out in the cause title of the appeal.

Second Appeal No. 41/2021 As per the office note, since notice issued to respondent nos. 1 (a to d) and 2 are received back unserved, the Counsel for appellant to take steps for serving the aforesaid respondents. S.O. Two weeks.

(Premal S. Vithalani) Dated:02.01.2025 Registrar (Judicial) Signed by: Mr. Bhojraj Pal Designation: Higher Grade Steno Date: 07/01/2025 17:07:18