Mr. Rohit Arun Kelkar v. Mrs. Sujata Pandya And ORS

104.676.17-ao.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.158/2018 in Appeal from Order No.676/2017 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Rama Bhende I/b. Swati P. Gautam for the Applicant Mrs. Jaya Misal I/b. MMB Associates for Respondent Nos.1 and 3.

CORAM

: K.K.TATED, J.

DATED : APRIL, 8, 2019 P.C.

Heard. By this Civil Application, the Applicant is seeking permission to bring the legal heirs on record of deceased Respondent No.2 who died on 12.11.2017.

The Civil Application is within time.

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

Hence, the following order:

Basavraj G Patil 1/2

104.676.17-ao.doc a.

The Applicant is permitted to bring on record the legal heirs of deceased Respondent No.2 in Appeal from Order and pending Civil Application, if any, On or before 30.04.2019, failing which, the Civil Application shall stand dismissed without further reference to the court.

b.

If amendment is carried out within stipulated time as stated hereinabove, the Applicant is directed to serve an amended copy of the Appeal from Order and Civil Application, on the Advocate for the added Respondents, immediately thereafter, by way of private notice either by RPAD and/or by hand delivery and to file an Affidavit of service to that effect on or before 29.06.2019.

c.

Civil application stands disposed off accordingly.

(K.K.TATED, J.) Basavraj G Patil 2/2