Narsing Bahiruji Tupe ( Since Decd. By His Heirs) Smt. Muktabai @ Parvati Narsing Tupe And ORS. v. Sonu Ishwar Tupe (Since Decd. By His Heirs) Balasaheb Sonu Tupe

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.214 OF 2015 IN SECOND APPEAL NO.706 OF 2007 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.P.J.Pawar for the applicant Mr.S.P.Thorat for the respondent nos.1 and 2

CORAM

: K.K.TATED, J.

DATED : 06/10/2015 PC:

Heard the learned counsel for the parties.

This application is for bringing legal heirs o record of deceased respondent no.3f, Vijay Rangnath Tupe, who died on 1.11.2014.

Application is filed on 16.1.2014 i.e. within time. Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application and as application is filed within time, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

A) Civil Application is allowed in terms of prayer clause (b) and (c) which reads thus:

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"(b) Applicants may be allowed to bring legal heirs of deceased Respondent 3F by amending in title of the Second Appeal.

(c) That the Applicants may be permitted to amend the memo of the Second Appeal accordingly."

B) Applicants to carry out appropriate amendment in Second Appeal No.706 of 2007 and pending Civil Application, if any, within six weeks from today failing which Civil Application shall stand dismissed without referring back to the court. C) Civil application stands disposed off accordingly.

(K.K.TATED, J.) 2/3

CERTIFICATE Certified to be true and correct copy of the original signed order.

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