Satish Ganpati Vhatkar v. Dattatray Govind Kadam

5 cac410-15 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.410 OF 2015 IN CIVIIL REVISION APPLICATION NO.641 OF 2009 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.S.M.Railkar for the applicant Mr.A.M.Adagule for the respondent nos.1a, 1bi to 1biv, 1f, 1g, 1h CORAM : K. K. TATED, J.

DATE : MAY 4, 2016 P.C.:

Heard the learned counsel for the parties.

This application is for bringing legal heirs on record of deceased respondent nos.1b, Mohandas Dattatraya Kadam who died on 22.11.2013.

The learned counsel Mr.A.M.Adagule submits that he received instruction to appear on behalf of legal heirs of deceased respondent nos.1b also. He submits that they do not have any objection if Civil Application is allowed.

Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application and as advocate for legal Mohite 1/2

5 cac410-15 heirs have no objection if Civil Application is allowed, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

a) Delay in preferring the Civil Application is condoned.

b) Abatement is set aside.

c) Applicant is permitted to bring legal heirs on record of deceased respondent no.1b in Civil Revision Application No.641 of 2009 and pending Civil Application, if any, on or before 10.6.2016, failing which Civil Application shall stand dismissed without referring back to the court. d) If amendment is carried out within stipulated time as stated hereinabove, applicant to serve respondent or their advocate with amended copy of Civil Revision Application.

e) The learned counsel for added respondent waives service in Civil Revision Application No.641 of 2009.

f) Civil Application is disposed of accordingly. JUDGE Mohite 2/2