The Malegaon Municipal Council v. Shri Bhogilal L. Sangvi And ORS.

755.98-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.755 OF 1998 IN FIRST APPEAL (ST) NO.7640 OF 1994 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. G. H. Keluskar for the Applicant Mr. Sachin Gite, AGP for the Respondent no.3. CORAM : K. K. TATED, J.

DATE : MARCH 12, 2015 P.C.:

1.

Mentioned. Not on board. At the request of learned counsel for the Applicant, the matter is taken on board for urgent orders.

2.

This application is for bringing legal heirs on record of deceased Respondent No.1 Bhogilal Lalchand Sanghvi who died on 13/11/1994. The present application is filed on 07/02/1995 i.e. within time.

3.

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 Basavraj G Patil 1/2

755.98-caf the present Civil Application.

4.

Hence, the following order:

A) Civil Application is allowed in terms of prayer clause (a) which read thus:

(a) That this Hon'ble Court may be pleased to allow Respondent Nos.1(a) to 1(d) to be brought on record as a legal heir and representatives of the deceased Respondent No.1 in the present proceedings.

B) The Applicant to carry out appropriate amendment in the First Appeal as well as pending Civil Application within 4 weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court. JUDGE Basavraj G Patil 2/2