1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.6069 OF 2009 IN CIVIL APPLICATION NO.2797 OF 2009 IN SECOND APPEAL ST.NO.3819 OF 2009 Ramesh s/o Tukaram Sable, R/o-Village Shelud, Tq-Bhokardan, Dist-Jalna, and others. ...APPLICANTS. VERSUS Totaram s/o Natthu Sable, R/o-Village Shelud, Tq-Bhokardan, Dist-Jalna and others. ...RESPONDENTS. ... Mr. Milind Joshi Advocate for Applicants. Mr. N.N. Shinde Advocate for Respondent No.1. ... CORAM: K.K. TATED, J. DATE : 26TH JUNE, 2009. PER COURT : 2 1. Heard learned counsel for the Applicants and learned counsel for Respondent No.1. 2. Present Civil Application preferred by the original defendants for deleting the name of Respondent No.4 i.e. Sheela w/o Sunil Hiwale from Civil Application No.2797 of 2009 and Second Appeal St. No.3819 of 2009 as she is reported to be dead. The Applicant further prayed that fresh notice to be issued to Respondent Nos. 2, 3, 5 and 6 at their present correct address as disclosed in Para 4 of the Civil Application. 3. Considering the averments in the present Civil Application, Civil Application is allowed in terms of prayer clause (B), (C) and (D), which read as under: “(B) The applicants may kindly be allowed to carry out the amendment in title clause in Civil Application No. 2797/2009 and in Second Appeal Stamp No.3819/2009, as prayed in para No.4 above, in the interest of justice. (C) The applicants may kindly be allowed to delete the respondent no.4, from title clause of Civil Application No. 2797/2009 and Second Appeal Stamp No. 3819/2009, as prayed in para No.3 above. (D) Be pleased to issue fresh notices 3 to respondent No.2, 3, 5 and 6 on the fresh address, as mentioned in para No.4 above.” 4. Applicants to carry out amendment within two weeks from today. After carrying out amendment, office to issue fresh notice on Respondent Nos. 2, 3, 5 and 6 on their present correct address as mentioned in Para NO.4 of the present Civil Application, returnable on 21st August, 2009. 5. Civil Application is disposed of accordingly. (K.K. TATED, J.) asb/JUN09/ca6069.09