Shri. Dada Yashwant Patil And ORS v. Shri. Sopan Bhima Davare (Since Decd) Through Lrs.

1/2 6.CAW.69-15.doc [Dada v. Sopan]

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.69 OF 2015 IN WRIT PETITION NO.9984 OF 2012 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms.Sheetal Ubhare i/b. R.V. Bansode, Advocate for the applicant.

CORAM : R. G. KETKAR, J.

DATE : 09/12/2016 P.C.:

1.

Heard Ms.Ubhare, learned Counsel for the applicant. Leave to amend so as to add prayer clause for recalling order dated 27.11.2013 is granted. Amendment shall be carried out forthwith.

2.

This is an application for bringing L.Rs of respondent No.1, since deceased, on record after condoning the delay of 68 days in filing the application. By order dated 8.6.2016, Rule was issued. Office remark shows that affidavit of service dated 15.7.2016 filed by the Advocate for the applicant stating that respondents No.1(a) to 1(d) are duly served with the summons.

None appears on behalf of respondents No.1(a) to 1(d).

2/2 6.CAW.69-15.doc [Dada v. Sopan] 3.

She further submitted that by order dated 27.11.2013, as the applicants did not take steps to bring L.Rs. on record, the petition stood abated against the respondent. She submitted that the said order may be recalled. In view thereof, Civil Application is allowed in terms of prayer clause (a), (b) and b(i) with no order as to costs.

(R. G. KETKAR, J.) Deshmane(PS)