Allowed an application to bring legal representatives of a deceased respondent on record in a civil suit for injunction, holding that the right to sue survives death.
Application allowed; necessary amendments to be made within one week; notice waived for respondent No.1A.
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18-ca-12334-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
18 CIVIL APPLICATION NO.12334 OF 2021
IN CA/3296/2018
LAXMI VISHNU PAWAR
VERSUS
PREMANAND KISHANRAO YANGAD died THROUGH LRS. ABHIJIT
PRAMANAND YANGAD AND OTHERS
Advocate for Applicant : Mr. Patil B. N.
Advocate for Respondent No.1A : Mr. Dhananjay Deshpande
CORAM:SMT. VIBHA KANKANWADI, J.
DATE: 22.11.2021
ORDER:-
.Present application has been filed for bringing the legal
representatives of respondent No.1 on record. Respondent No.1 expired
on 28.04.2021. Photocopy of the death certificate was filed by the
Advocate for respondent No.1 along with the pursis Exhibit- ‘X’. Under
such circumstance, when the application is within limitation and the suit
that was filed by respondent No.1 was for injunction and there was cross
suit, the right to sue survives and, therefore, his legal representatives to
be brought on record.
2. The application stands allowed and disposed of.
3. Necessary amendment be carried out within a period of one week.
(1)
18-ca-12334-2021.odt
4. Since learned Advocate Mr. Deshpande is also appearing for legal representatives of respondent No.1, he waives notice for respondent No.1A.
[SMT. VIBHA KANKANWADI, J.]
scm
(2)
1 issue framed by the court
Whether legal representatives of a deceased respondent must be brought on record in a civil application for injunction.
Laxmi Vishnu Pawar
Abhijit Pramanand Yangad
Vibha Kankanwadi
As recorded by the court registry
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