Bhagubai T. Kadam (Deceased) By L.R. And ORS. v. Anusaya A. Savant (Deceased) By Heirs And Lr.And ORS.

6 cas 1218-12=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 1218 OF 2012 IN SECOND APPEAL NO. 384 OF 1997 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Rajesh Jadhav for the applicant.

Mr. Vinod Sangvikar i/b Umesh Mankapure for the respondent nos. 1B to 1G and 4A to 4G.

CORAM : K. K. TATED, J.

DATED : 12/10/2015.

P.C.:

.

Heard learned Counsel for the parties.

This application is for bringing legal heirs on record of deceased respondent no.1C Bhajandas Anna Sawant, who died on 08.06.2009. There is delay in preferring the present Civil Application. Office note shows that Civil Application stands dismissed against respondent no. 1C(iv). Hence, office is directed to make appropriate noting in cause title of Second Appeal about the same.

Considering the submissions made by the learned counsel for the Applicants and the averments made in the Application, I am satisfied that the Applicants have made out a case for allowing the present Civil Application.

Sneha Chavan 1/2

6 cas 1218-12=.doc Hence, following order is passed:

a) Delay in preferring Civil Application is condoned.

b) Applicants are permitted to bring legal heirs on record of deceased respondent no.1C in Second Appeal no. 384 of 1997 within eight 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, applicants are directed to serve the added respondents by private notice either by RPAD and/or by hand delivery and to file an Affidavit of service to that effect. d) Applicants are directed to serve the amended copy of Second Appeal memo on respondent or their Advocates thereafter immediately.

e) Office is directed to make appropriate noting on Second Appeal memo that Second Appeal stands rejected against respondent no.1C(iv). f) Civil application stands disposed off accordingly.

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