Maharashtra State Road Transport Corporation, Through Divisional Manager, Amravati v. Vimal Mukundrao Ulhe And Others

2024:BHC-NAG:7351 1 36-fa-43-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1718 OF 2024 IN FIRST APPEAL NO. 43 OF 2023 Maharashtra State Road Transport Corporation Vs.

Vimal Mukundrao Ulhe and others ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------ Shri P. S. Gawai, Advocate for appellant.

Shri S. S. Patil, Advocate for respondent nos. 1 and 2. CORAM :- M. W. CHANDWANI, J.

DATED :- 11.07.2024 Heard.

2.

By the present application, the respondent seeks deletion of name of respondent no. 2, who died on 22.09.2023. The death certificate is already on record. 3.

It is contended by the learned counsel for the respondent nos. 1 and 2 the he was not aware of this fact when on 24.06.2024, permission to withdraw 50% of the decretal amount was granted. It is also contended by the learned counsel that apart from respondent no. 1, there is no other legal heirs of respondent no. 2.

4.

Be that as it may, since respondent no. 2 died hence, the appeal against him is abated. Accordingly, his name be deleted from the array of the respondents. RR Jaiswal

2 36-fa-43-23.odt 5.

The application is allowed accordingly.

6.

List the matter for final hearing after two weeks.

(M. W. CHANDWANI, J.) Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 12/07/2024 10:48:56 RR Jaiswal