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Bombay High CourtCAS/340/2024ca disposed off

M/S Prakash Trading Company, Akola Through Its Prop. Vijay Shantiprakash Gandhi v. Nareshkumar Hasmukhrai Vakhariya And Another, Akola

2024-05-02Registrar (Judicial)1 pages

CAS No. 340/2024 in Second Appeal No. 318/2005 Coram : Registrar(Judicial) Dated :02.05.2024 This application is filed by the appellant for bringing legal heirs of respondent no. 3 - Jiteshkumar Hasmukhrai Vakhariya. It is stated the counsel for respondent no.1 filed Pursis St. No. 07/2023 dated 10.11.2023 informing that respondent no. 3 passed away on 21.09.2023 leaving behind his legal heirs as mentioned therein. Hence it is necessary to bring LRs of the deceased respondent no. 3 on record as right to sue survives. The copy of death certificate is filed with the Pursis. The application is supported by affidavit.

It is seen that the appellant passed away on 21.09.2023 and the present application for bringing LR's of the deceased is filed on 04.12.2023 i.e. within time and right to sue survives. Hence, the application is allowed. LR's of aforesaid deceased as mentioned in the application be brought on record. Necessary amendments be carried out in the cause title of the appeal memo.

(D.P. Satawalekar) Dated:02.05.2024 Registrar (Judicial) Signed by: Mr. Bhojraj Pal Designation: Higher Grade Steno Date: 09/05/2024 16:53:41