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Bombay High CourtCAS/596/2017allowed

Smt. Parvati Shankar Sawant @ Desai (Deceaced)Throu Heirs 1(A) Shashikal @ Sharada Raghunat Mahadik v. Smt. Pushpalata Rajaram Sawant

2018-02-01Hon'Ble Shri Justice Nitin Jamdar2 pages

P.H. Jayani 71 CAS 596.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 596 OF 2017 IN SECOND APPEAL NO. 624 OF 1998 Smt. Parvati Shankar Sawant @ Desai (since deceased through heirs) & ors.

... Applicants V/s.

Smt. Pushpalat Rajaram Sawant .... Respondent None for the applicants.

None for the respondent.

CORAM : N.M. Jamdar, J.

DATE : 01 February, 2018.

P.C. :- This application is filed for bringing heirs of the deceased Appellant No.1 on record. The appellant have filed an affidavit of service stating that the respondent has been served in February, 2017. There is a reply filed contesting this civil application. Perused the civil application. The second appeal was admitted on 10 December, 1998 after hearing both the sides. 2.

Considering the cause made out and that no reply is filed in spite of service, this civil application is allowed in terms of prayer clauses (a), (b) and (c). Amendment to be carried out within a

P.H. Jayani 71 CAS 596.17.doc period of three weeks. Thereafter, add the appeal to the board of final hearing, if it is otherwise ready, in the week commencing from 05 March, 2018.

(N.M. Jamdar, J.)