Formal application in a second appeal to delete the name of respondent no.2, who died before the appellate stage with his legal heir already on record, due to inadvertent re-arrayment. The application was allowed and the appellant permitted to delete the deceased respondent's name at its own risk.
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CAS NO. 328/2024 in Second Appeal No. 244/2023
Coram : Registrar(Judicial) Dated : 25.04.2024
This application is taken out for grant of permission to delete name of respondent no.2. It is stated that the respondent no.2 already died when the matter was subjudiced before the Appellate Court and his legal heirs were already brought on record in said proceedings, however, due to inadvertence and typographical mistake, the name of deceased respondent no.2 again arrayed in this present appeal. Thus, the appellant prays for deletion of respondent no.2 as his legal heir is already on record as respondent no.3.
Since the application is formal in nature and supported by affiddavit, the same is allowed. The appellant is permitted to delete the name of respondent no.2 from the array of respondents, at the risk of the appellant.
Second Appeal No. 244/2023
Counsel for appellant to file condonation of delay application in bringing legal heirs of respondent no.1 since only applications for setting aside abatement and brining legal heris are filed. S.O. Two weeks.
(D.P. Satawalekar) Dated:25.04.2024 Registrar (Judicial)
Signed by: Mr. Bhojraj Pal Designation: Higher Grade Steno Date: 30/04/2024 15:08:20
1 issue framed by the court
Whether the name of deceased respondent no.2 could be deleted from the appeal array since his legal heir is already on record as respondent no.3?
Appellant
Respondent No. 2
Respondent No. 3
D.P. Satawalekar
As recorded by the court registry
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