Keshaorao S/O Dhondbaji Rode Thr. Lrs. Shankar S/O Keshaorao Rode And ORS. v. Kashinath S/O Dhondbaji Rode Thr. Lrs Jagdish Kashinath Rode And Others

2024:BHC-NAG:9465 34.sa.708..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.708 OF 2024 IN SECOND APPEAL NO.441 OF 2006 Keshaorao S/o Dhndhaji Rode (Dead) through LRs. .Vs. Kashinath Dhindbaji Rode and another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.S. Jaiswal, Advocate for appellant.

Shri Nachiket Moharir, Advocate for respondent No.1. CORAM : SANJAY A. DESHMUKH, J.

DATED : 23/08/2024 1.

This is an application for appointment of applicant as a next friend of legal representative of appellant No.1.

2.

Perused the application.

3.

Heard learned advocates for both sides.

4.

It is submitted in the application that Shankar Keshaorao Rode i.e. legal representative of the appellant became of unsound mind. He is not not in a position to manage his affairs and form a rational judgment in this interest.

5.

As the applicant is in a position to manage his property properly and can protect his interest, I find that the application deserves to be allowed. Hence, the application is allowed as prayed for.

6.

The application is disposed of.

C.L. Dhakate

34.sa.708..odt CIVIL APPLICATION (CAS) NO.707 OF 2024 7.

This is an application for grant of permission to the appellant/applicant to enter into an agreement /compromise as a next friend i.e. wife of the appellant No.1. 8.

For the reasons stated in the application and considering the relationship between appellant No.1 and his wife, the application is allowed as prayed for in the interest of justice.

9.

The application is disposed of.

SECOND APPEAL NO.441 OF 2006 10.

Place this matter on 05.09.2024 at 02.30 p.m. (SANJAY A. DESHMUKH, J.) Signed by: Mr. C.L. Dhakate Designation: PA To Honourable Judge Date: 26/08/2024 17:45:53 C.L. Dhakate