Damodhar Nivrutti Shingare And ... vs Balu Onkar Zodge And Ors
2021 Latest Caselaw 2824 Bom

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                   921 CIVIL APPLICATION NO.965 OF 2021
            IN SA/423/2012 WITH CA/1116/2012 IN SA/423/2012



               DAMODHAR NIVRUTTI SHINGARE AND ANOTHER
                                          VERSUS
                          BALU ONKAR ZODGE AND OTHERS
                                            ...
                        Mr. B.S. Kudale, Advocate for applicant
         Mr. P.D. Suryawanshi, Advocate for respondent No.1, 2 and 4
                                            ...

                                    CORAM :        SMT. VIBHA KANKANWADI, J.

                                    DATE :         11th FEBRUARY, 2021.


PER COURT :


1              Present      application   has     been   filed    to    bring      the     legal

representatives of respondent No.15 on record, who expired on 09.09.2020.

Though the appellants/applicants contend that there is some delay, yet,

taking into consideration that the death has occurred in pandemic, the Civil

Application is within limitation. The appellants were not even the party to

the suit, however, it appears that after the suit was decided they had filed an

application and sought leave to appeal. Regular Civil Suit No.198/1986 was

filed by present respondent Nos.1 to 7 for partition and separate possession.

It came to be partly decreed on 03.05.2001. As aforesaid, the present

2 CA_965_2021

appellants had filed Regular Civil Appeal No.177/2004 before District Judge-

1, Majalgaon, Dist. Beed by taking leave to appeal and the said appeal came

to be dismissed on 17.11.2011. Therefore, they filed Second Appeal No.423

of 2012, challenging the said Judgment and Decree, passed by the First

Appellate Court. The said appeal came to be admitted in this Court on

30.07.2012. Under such circumstance, definitely the right to sue survives,

and therefore, it is necessary to bring the legal representatives of respondent

No.15 on record. When the application is within limitation, it is not

necessary to issue prior notice to the proposed legal representatives.

2                The application stands allowed.


3                The consequential amendment be carried out within a period of

one week.


4                After the amendment is carried out, issue notice to the added

respondents, made returnable after six weeks thereafter.

( Smt. Vibha Kankanwadi, J. )

agd