Smt. Sushilabai Nirmalkumar Rungta v. Shri Sitaram Agarwal And ANR.

36.1589.16-caw FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1589/2016 WITH WRIT PETITION NO.269/2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S. S. Shah i/b. J. S. Chandnani for the applicant CORAM : K. K. TATED, J.

DATE : JULY 5, 2016 P.C.:

1.

Heard. This application is for bringing legal heirs on record of deceased respondent No.1 Sitaram Agarwal who died on 16.04.2016. The Civil Application is made on 21.06.2016 i.e. in time.

2.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, the following order:

a.

The applicant is permitted to bring on record the legal heirs on record of deceased respondent Basavraj G Patil 1/2

36.1589.16-caw No.1 in Writ Petition within 4 weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court. b.

If amendment is carried out within stipulated time as stated hereinabove, Office is directed to issue notice to the added respondents in the Writ Petition returnable after six weeks.

c.

If amendment is carried out within stipulated time as stated hereinabove, the Applicant is directed to serve an amended copy of the Writ Petition, if any, on the Advocate for the Respondents, immediately thereafter.

d.

In addition to usual mode of service, the applicant is permitted to serve the added Respondents the entire proceedings by way of private notice either by RPAD and/or by hand delivery and to file an Affidavit of service to that effect on or before next date.

e.

Civil application stands disposed off accordingly.

f.

Interim relief to continue till next date in the Writ Petition.

JUDGE Basavraj G Patil 2/2