Mr. Ramesh S Shah v. Mr. Abdul Kadir Abdul Rehman Shaikh

17.136.16-cac FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.136/2016 IN CIVIL REVISION APPLICATION NO.1014/2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. C. B. Yadav for the Applicant Mr. Kunal Bhanage for the Respondent CORAM : K. K. TATED, J.

DATE : MARCH 7, 2016 P.C.:

1.

Heard. This application is for bringing legal heirs on record of deceased sole Respondent Abdul Kadir Abdul Rehman Shaikh who died on 19/10/2015.

2.

Adv. Mr.Kunal Bhanage states that he received instructions to appear on behalf of legal heirs of deceased Respondent Abdul Kadir Abdul Rehman Shaikh. Statement is accepted.

3.

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.

Basavraj G Patil 1/2

17.136.16-cac 4.

Hence, the following order:

a) Delay in making the Civil Application is condoned.

b) Abatement is set aside.

c) The Applicant is permitted to bring on record the legal heirs of deceased Respondent Abdul Kadir Abdul Rehman Shaikh in the Civil Revision Application within 6 weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court.

d) If amendment is carried out within stipulated time as stated hereinabove, the Applicant is directed to serve an amended copy of the Civil Revision Application as well as pending Civil Application, if any, on the Advocate for the other side, immediately thereafter.

e) Civil Application stands disposed of accordingly.

f) The learned counsel Mr. Kunal Bhanage waives service for the legal heirs of deceased Respondent in Civil Revision Application.

JUDGE Basavraj G Patil 2/2