Applicants sought impleadment as legal heirs of the deceased appellant in a pending second appeal, filing a death certificate and affidavit. The court found the application filed within time and that the right to sue survives.
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CAS No. 334/2024 in Second Appeal No. 31/2018
Coram : Registrar(Judicial) Dated :25.04.2024
This application is filed by the applicants for bringing them as legal heirs of appellant – Devidas Narayanrao Pahune. It is stated in the application that during the pendency of the present appeal, the appellant passed away on 24.07.2023 leaving behind his legal heirs. Hence it is necessary to bring LRs of the deceased appellant on record as right to sue survives. The copy of death certificate is filed with the application. The application is supported by affidavit.
It is seen that the appellant passed away on 24.07.2023 and the present application for bringing LR’s of the deceased is filed on 04.09.2023 i.e. within time and right to sue survives. Hence, the application is allowed. LR’s of aforesaid deceased as mentioned in the application be brought on record. Necessary amendments be carried out in the cause title of the appeal memo.
(D.P. Satawalekar)
Dated:25.04.2024 Registrar (Judicial)
Signed by: Mr. Bhojraj Pal Designation: Higher Grade Steno Date: 30/04/2024 15:09:31
Legal heirs of Devidas Narayanrao Pahune
Devidas Narayanrao Pahune (deceased appellant)
D.P. Satawalekar
As recorded by the court registry
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