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Bombay High CourtCAF/426/2013disposed off

Smt. Kamalabai Alias Rukhaminibai Narsingrao Mohite, v. Shri Hiraman Khanderao Shirsath And ORS.

2015-03-20Hon'Ble Shri Justice K.K. Tated3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.426 OF 2013 IN FIRST APPEAL NO.2267 OF 2011 Smt. Kamalabai @ Rukhaminibai Narsingrao Mohite ..

Applicant/ Orig.

Appellant.

-VersusHiraman Khanderao Shirsath & Ors.

..

Respondents Mr.A. Tamhane i/b. Seema Sarnaik for applicant Mr.Pankaj Pandey i/b. Anil Kumar Patil for respondent No.7

CORAM

:

K.K.TATED, J.

DATE :

20th March 2015.

P.C.

1] Heard learned Counsel for parties. This application is preferred by the defendant No.1 for bringing legal heirs of deceased Bhagwan Namdeo Jadhav, respondent No.7 on record, who died on 7th August 2012.

2] Learned Counsel Mr. Pandey appears for the proposed respondents and submits that he has received instructions to appear

on behalf of proposed respondents i.e. legal heirs of the deceased respondent No.7. He further submits that he requires some time to file his vakalatnama on behalf of legal heirs of respondent No.7. 3] Considering the submissions made by the learned Counsel for applicants, averments made in Civil Application and as the learned Advocate Mr. Pandey appearing on behalf of legal heirs of deceased respondent No.7, who undertakes to file his vakalatnama on behalf of legal heirs of deceased respondent No.7 in First Appeal, I am satisfied that the applicant has made out a case for allowing this application. Hence, following order:- (A) the application is allowed in terms of prayer clause (a) which reads thus:- (a) That this Court be pleased to grant leave to implead the legal heirs of the deceased respondent No.7 Shri Bhagwan Namdeo Jadhav on record in the First Appeal No.2267 of l2011 as per the schedule annexed at Exh."B" herein and carry out the necessary

consequential amendments."

(B) The applicant to carry out appropriate amendments within six weeks from today, failing which the civil application shall stand dismissed without reference to court.

(C) If the amendments are carried out within the stipulated time, the applicant is directed to serve the amended copy of the appeal memo on respondents or their Advocate thereafter. (D) The civil application is disposed of.

( K.K.TATED, J.)