Namdeo Sakharam Paygham (Died) Thr. Lrs. Harnabai Wd/O Namdeo Payghan And Others v. Prabhakar Shivram Wankhade (Abated) And Others

1 909-sa-398-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NOS. 453/2025 & 454/2025 WITH PURSIS (ST) NO. 4 OF 2025 IN SECOND APPEAL NO. 398 OF 2018 Namdeo Sakharam Payghan (dead) through LRs.

Vs.

Prabhakar Shivram Wankhede 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 R. N. Ghuge, Advocate for appellants.

Shri V. B. Gawali, Advocate for proposed LRs of respondent nos. 1 & 2. CORAM :- M. W. CHANDWANI, J.

DATED :- 27.06.2025 Heard.

2.

For the reasons mention in the application, the delay in filing the application for bringing on record the names of legal heirs of deceased- respondent no. 2 is condoned.

3.

Since, the right to sue survives against the legal heirs of deceased- respondent no. 2, the appellant is permitted to bring their names on record.

4.

Also, permission is granted to delete the name of respondent no. 1 since he died during the pendency of the First Appeal and the appeal came to be filed against deceased- respondent no. 1. Hence, RR Jaiswal

2 909-sa-398-18.odt permission is granted to add the names of the legal heirs of respondent no. 1 mentioned in the Pursis bearing Stamp No. 4/2025.

5.

The necessary amendment be carried out with a week.

6.

Shri Gawali, learned counsel, waives service of notice for proposed legal heirs of deceased- respondent no. 1 and 2 in the Second Appeal.

7.

The applications are disposed of accordingly. 8.

Stand over to 14.07.2025.

(M. W. CHANDWANI, J.) Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 27/06/2025 16:19:23 RR Jaiswal