Vitthal Shripati Ladkat And ORS v. Prabhakar Shripati Ladkat And ORS

16 caw 153-16=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 153 OF 2016 IN WRIT PETITION NO. 623 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.C. Wakankar for the Applicant.

Mr. Sujay H. Gangal i/b S.M. Gorwadkar for the Respondent No.1.

Ms. Neeta Solanki i/b Kiran Jain & Co. for Respondent No.4.

CORAM : K. K. TATED, J.

DATED : 08/08/2016 P.C.:

.

Heard learned Counsel for the parties.

This application is for bringing legal heirs on record of deceased Respondent No.2 Manish Prabhakar Ladkat, who died on 22.11.2014. Civil Application filed on 21.01.2015, which is in time. Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application and as Civil Application is filed within time, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

Hence, the following order:

Sneha Chavan 1/2

16 caw 153-16=.doc a) Civil Application is allowed in terms of prayer clause (a) which reads thus :

"a) That the names of the Respondent No.2a)and 2b) be added as the legal heirs of the Respondent No.2 and cause title be allowed to be amended accordingly."

b) The Applicant is directed to carry out appropriate amendment within 4 weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court. c) If amendment is carried out within stipulated time as stated hereinabove, office is directed to issue notices to the added Respondents in Writ Petition No. 623 of 2014, returnable after 12 weeks.

d) In addition to usual mode of service, the application is permitted to serve the added Respondent in Writ Petition No. 623 of 2014 along with 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.

e) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2