Advocates:
['SOMAN D V AND AMAR D SOMAN', 'M N NAVANDAR', '', 'COPY NOT SERVED ON G P', 'ADV M N NAVANDAR', 'NOTE OF APPEARANCE FILED']

C.A. No.11349/2018

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD

CIVIL APPLICATION NO.11349 OF 2018 IN

FIRST APPEAL NO.1186 OF 2018

Parwatabai Gangaram Pawar,

Died through L.Rs.

Sharad Gangaram Pawar & ors.

…

APPLICANTS

VERSUS

Marathwada Krishi Vidyapeeth & anr.

...

RESPONDENTS

.....

Shri A.D. Soman, Advocate for applicant

Shri MN. Navandar, Advocate for respondent No.1.

Shri G.O. Wattamwar, A.G.P. for respondent No.2

.....

CORAM:

PRASANNA B. VARALE AND

MANISH PITALE, JJ.

DATED :

21st SEPTEMBER, 2018.

ORAL ORDER :

1.

By the present application, the applicant prays firstly

for condonation of delay caused in filing the Civil Application and

secondly, permitting the legal representatives to be brought on

record. The appeal is filed by Marathwada Krushi Vidyapith,

Parbhani. The original landlord and claimant was Mr. Gangaram

Kishan Pawar. At the stage of appeal, Gangaram Pawar expired

and Parvatabai Gangaram Pawar, Prabhakar Gangaram Pawar,

Sharad Gangaram Pawar and Suresh Gangaram Pawar are the

C.A. No.11349/2018

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legal representatives referred to in the title clause of the Appeal,

survived through Gangaram Kishan Pawar.

2.

It is submitted by Mr. Soman that, during the

pendency of appeal, Parwatabai Gangaram Pawar as well as

Prabhakar Gangaram Pawar expired. The respondent No.3 and 4,

who are the sons of Parwatabai are already brought on record. In

view of this fact, the learned counsel Mr. Soman prays for

deletion of name of Parwatabai from the array of respondents

and permitting the applicants to bring on record legal heirs of

Prabhakar Gangaram Pawar namely Tapeshwari w/o Prabhakar

Pawar, Rajesh Prabhakar Pawar and Sunil Prabhakar Pawar. This

being a formal prayer, no prejudice is going to be caused to the

appellant. The learned counsel submitted that the delay caused

in filing this application is due to inadvertence and for bonafide

and unintentional reasons. Resultantly, the applications are

disposed of with permission to the applicants to bring legal heirs

of Prabhakar on record namely Tapeshwari w/o Prabhakar Pawar,

Rajesh Prabhakar Pawar and Sunil Prabhakar Pawar by deleting

name of respondent No.1 Parwatabai from the array of

respondents. The necessary steps be taken within one week.

Civil Application No.11349/2018 stands disposed of.

3.

Mr. Navandar, the learned counsel for appellant orally

prays for amendment to the title clause of the First Appeal. Mr.

C.A. No.11349/2018

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Navandar submits that, as the facts are taken from the record of

the lower Court, the age of respondent No.4 is shown as 101

years. The learned counsel orally prays for correction of the age

of respondent No.4. Mr. Navandar submits that, as per his

instructions, the age of respondent No.4 is 54 years. In view of

this submission of Mr. Navandar, the oral prayer is allowed.

Necessary amendment be carried out within one week from

today.

(MANISH PITALE)

(PRASANNA B. VARALE)

JUDGE

JUDGE

fmp/-