Smt. Krishnabai Mukundrao Kakurle v. Vishnu Babu Thosar (Since Deceased Thr. Lrs) And ORS.

10.cas.152.15.sxw ingale

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 152 OF 2015 IN SECOND APPEAL NO. 522 OF 1998 Smt. Krishnabai Mukundrao Kakurle .. Applicant Vs.

Shri Vishnu Babu Thosar Since deceased per Lrs 1a) Smt.Prabhavati Vishnu Thosar and others .. Respondents Mr.Jaydeep Deo, Advocate for the Applicant.

Mr.S.V.Sadavarte, Advocate for the Respondents No. 1a to 1c. Mr. Swapnil Patil, learned Counsel for Respondents No. 2a to 2d. CORAM :

R. G. KETKAR, J.

DATE : 17th APRIL, 2015 P.C. :

.

Heard Mr.Jaydeep Deo, learned Counsel for the applicant, Mr.S.V.Sadavarte, learned Counsel for respondents No.1a to 1c and Mr.Swapnil Patil, learned Counsel for respondents No. 2a to 2d.

2.

This is an application for bringing heirs and legal representatives of respondent No.2, since deceased, on record. For the reasons stated in paragraph 5 of the application, I am satisfied that applicant has made out a sufficient cause for condoning the delay of 6 years and 135 days in filing the Civil Application. Hence, Civil Application is allowed in terms of prayer clauses (a) & (b) with 1/2

10.cas.152.15.sxw no order as to costs. Amendment in the main appeal shall be carried out within 14 days from today.

(R. G. KETKAR, J.) 2/2