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2016 Supreme(Bom) 529

A.S.CHANDURKAR
Mahadeo – Appellant
Versus
State of Maharashtra Through its Collector, Wardha – Respondent


Advocates:
Advocate Appeared:
Shri S.V. Sohoni, Advocate for appellants
Shri H.R. Dhumale, Assistant Government Pleader for respondent No.1
Shri S.K. Bhoyar, Advocate for respondent Nos.2 and 3

JUDGMENT :

This appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for short, the Code) is by the original plaintiffs who are aggrieved by the order passed by the Appellate Court rejecting the application that was filed for bringing on record the legal representatives of respondent No. 4. The appellants are also aggrieved by the order passed below Exhibit-1 by the Appellate Court disposing of the said appeal as having abated. The appellants-original plaintiffs had filed R.C.S. No. 160 of 2003 for cancellation of sale deed dated 20/04/2003 along with a prayer for permanent injunction. The trial Court dismissed the suit by judgment dated 19/04/2004. Being aggrieved, the plaintiffs filed Regular Civil Appeal No. 160 of 2010. During pendency of said appeal, the appellants learnt on 19/10/2013 the respondent No. 4 had expired on 12/08/2011. Hence, an application for bringing on record the legal representatives came to be filed. On 17/01/2014, the Appellate Court rejected said application on the ground that simlicitor application for bringing on record the legal representatives of respondent No.4 without any prayer for condoning delay was not maintainable. It therefore d














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