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Bombay High CourtCA/4792/2025application allowed

Kailash Chabanrao Phulari And Others v. Markas Prasad Dethe And Others

2025-05-02Hon'Ble Shri Justice Shailesh P. Brahme2 pages

72-CA-4792-25++.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 72 CIVIL APPLICATION NO. 4792 OF 2025 IN CA/13698/2024 WITH CIVIL APPLICATION NO. 4791 OF 2025 IN CA/13698/2024 WITH CIVIL APPLICATION NO. 4790 OF 2025 IN CA/13698/2024 KAILASH CHABANRAO PHULARI AND OTHERS

VERSUS

MARKAS PRASAD DETHE AND OTHERS ....

Mr. Siddharth R. Deshpande, Advocate for the applicants CORAM : S. G. CHAPALGAONKAR, J.

DATE : 02.05.2025 PER COURT :- CIVIL APPLICATION NO. 4792 OF 2025 .

Heard learned Advocate appearing for the applicants. Applicants are seeking permission to bring on record legal heirs of respondent No.1.

2.

Issue notice to proposed L.Rs of respondent No.1, returnable on 22.08.2025.

CIVIL APPLICATION NO. 4791 OF 2025 .

Heard Mr. Deshpande, learned Advocate appearing for the applicants. He submits that in basic proceeding i.e., Regular Civil Suit No. 542 of 2018, plaintiff No.2 (Diwakar

(( 2 )) 72-CA-4792-25++ Sugandhrao Dethe), plaintiff No.5 (Karnaliya Sugandharrao Dedhe) and Plaintiff No.6 (Kusum Robert Sawal) are shown dead. Therefore, he may be permitted to carry similar amendment in the memo of the appeal and civil applications.

2.

Considering the contends of plaint, there is no impediment in granting the present application. Hence, application is allowed in terms of prayer clause (B). Amendment to be carried out within a period of six (06) weeks from today. CIVIL APPLICATION NO. 4790 OF 2025 .

Heard learned Advocate appearing for the applicants. 2.

Considering submissions advanced and averments in the application, the application is allowed in terms of prayer clause (B). 3.

Re-issue notice to respondent Nos.3, 4 and 7 to 11 on the same address. In addition, The applicants are permitted to serve respondent Nos.3, 4 and 7 to 11 by way of paper publication in 'Lokmat' Newspaper, Ahilyanagar Edition. The newspaper publication be filed on record of this Court within a period of ten (10) weeks from today.

[ S. G. CHAPALGAONKAR, J. ] HRJadhav