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Bombay High CourtIA/11229/2024disposed off

Alapana Ramdas Aatole And ORS. v. Basavaraj Mallappa Malekere And ORS.

2024-08-09Hon'Ble Shri Justice Shailesh P. Brahme2 pages

(9)-IA-11229-24.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION BALAJI GOVINDRAO PANCHAL INTERIM APPLICATION NO.11229 OF 2024 BALAJI GOVINDRAO PANCHAL Date: 2024.08.09 15:07:53 +0530 IN FIRST APPEAL NO.786 OF 2005 Mrs. Alapana Ramdas Aatole & Ors.

..Applicants

Versus

Basavaraj Mallappa Malekere & Ors.

..Respondents Mr. Bharat Gadhavi, Sarvesh Deshpande & Aniket Shitole i/by Tgejesh Dande & Associates, for the Applicants. Ms. Poonam Mital, for the Respondent No.3.

CORAM : SHAILESH P. BRAHME, J.

DATE : 9th AUGUST, 2024 P. C.

1.

Heard learned counsel for both the parties.

2.

This First Appeal is already disposed of. This Application is for deleting name of Appellant No.2, as she is no more and her heirs are on record as Appellant Nos.1 and 3 to 6. 3.

Learned counsel appearing for Respondent No.3 - Insurance Company does not have objection for the prayer of deletion, however, she objects for other prayers in the Application. The Application can be allowed to the extent of deletion of name of Appellant No.2 and for other prayers, the Applicants are at liberty to take appropriate remedies.

BGP.

(9)-IA-11229-24.doc.

4.

The Application is allowed in terms of prayer clause (a) and (b) only.

5.

Applicants shall carry out amendment forthwith. (SHAILESH P. BRAHME, J.) BGP.