Head Master, Shrirang Nathu Gaikwad And ANR. v. Laxmikant Narsinha Kapileshwar (Deceased Thr. Lr) And ANR.

47 - CAS. 1933-16.doc VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 1933 OF 2016 IN SECOND APPEAL No. 564 OF 1999 Head Master, Shrirant Nathu Gaikwad & Anr.

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Applicants Vs.

Laxmikant Narsinha Kapileshwar (since deceased, through LR) & Anr.

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Respondents *** Mr. G. H. Keluskar, for the Applicants.

Mr. A. R. Patil, Addl. Govt. Pleader for the Respondent - State. Mr. Shoaib i/b Asif I. Patel, for Respondent No. 1. *** CORAM : A. M. DHAVALE, J.

DATE : OCTOBER 12, 2018 PC :- .

Respondent No. 1 has died on 24th July, 2015. The appellants / applicants being educational institution, its representative was not aware of death of respondent No. 1. The the educational institution received the information in September, 2015 and its clerk communicated this information to the advocate for the appellants. The present application is 1 / 2

47 - CAS. 1933-16.doc moved on 20th January, 2016. There is delay on account of negligence of clerk in reporting the matter to the advocate of the appellant. Considering the facts and for the reasons stated in the application, it is allowed and disposed of in terms of prayer clause (c) by condoning the delay. Legal heirs of Respondent No. 1 be brought on record. Amendment be carried out within two weeks. Legal heir of Respondent No. 1 is reported to be served.

Sd/- [A. M. DHAVALE, J.] Vinayak Halemath 2 / 2