Dilip Patil (Deceased) Lrs. Sumati M. Patil (Deceased) Thr. Lrs. Ajit Madhukar Patil And ORS. v. Mr. Kashinath Shankar Bhosale (Deceased) Thr. Lrs. Nilima Sanjay Satam And ORS.

18 caf 3424-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3424 OF 2019 in FIRST APPEAL NO. 933 OF 2018 Dilip Patil (deceased) through Lrs. Sumati Patil (deceased) through LR. Ajit Patil & Ors.

..Applicant v/s.

Kashinath Shankar Bhosale (deceased) through LR. Nilima Sanjay Patil & Ors.

..Respondents Mr. Swapnil Pandit for the Appellant/Applicant. Ms. fNazia Shaikh i/b. Pradeep Thorat or the Respondent No.1(a) CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 14th OCTOBER, 2019.

P.C.

1.

The applicant herein has sought to condone the delay of 10 days and to permit him to bring on record the legal representatives of deceased -Appellant No.1(a). The learned Counsel for the respondent no.1(a) has no objection.

2.

It is seen that the legal representatives of appellant no.1(a) are already on record as appellant nos.1(b) to 1(d). The learned pps

18 caf 3424-19.doc Counsel for the appellant states that apart from these legal representatives, there are no other legal representatives of the deceased appellant no.1. In the light said statement, no further order is required. Name of appellant no.1(a) be deleted from the cause title.

3.

The learned Counsel for respondent no.1(a) states that since there is no clarification as to whether the amount has to be deposited before this Court or before the trial Court, the Court Receiver as well as the Registry of this Court had declined to accept the amount of Rs.1500/- which the respondent no.1(a) was directed to deposit as per the Order dated 11.10.2018 passed by this Court in CA/3113/2018.

4.

It is clarified that the respondent no.1(a) shall deposit the said amount before the trial court in terms of para (9) of the said order. 5.

The learned Counsel for the appellant seeks extension of time to file the paper book. Time to file paper book is extended by eight weeks. Civil application stands disposed of. (ANUJA PRABHUDESSAI, J.) pps