Shri Chandrakant Baburao Bhagat v. Shri Keshav Baburao Bhagat And ORS

16.cac.210.14.doc ingale

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 210 OF 2014 IN CIVIL REVISION APPLICATION NO. 412 OF 2008 Shri Chandrakant Baburao Bhagat Since deceased through his legal heirs and representatives 1A.Pramila Chandrakant Bhagat and others ...

Applicants Vs.

Shri Keshav Baburao Bhagat and others ...

Respondents None for the Applicants.

Mr.Dushyant Pagare i/b Mr.Rajesh Datar, Advocate for Respondents No.2, 3A & 3B.

CORAM :

R. G. KETKAR, J.

DATE : 12th JUNE, 2015 P.C. :

.

None appears for the applicants. Heard Mr.Dushyant Pagare, learned Counsel for respondents No. 2, 3A & 3B. 2.

Mr.Pagare submitted that main Civil Revision Application was disposed of as abated on 25/08/2010. Civil Application No. 209 of 2014 was filed for condonation of delay of 299 days and for bringing heirs and legal representatives of original petitioner on record. By order dated 27/04/2015, Civil Application was dismissed as sole petitioner had expired and no steps were taken. Civil Revision Application was disposed of as abated. Civil Application No. 209 of 2014 was also dismissed. By present application, applicants 1/2

16.cac.210.14.doc have sought following reliefs.

a) The delay of 315 days in making the present application be condoned.

b) The abatement be set aside and the Application Nos. 1(B)(i) to 1(B)(iii) herein be brought on record as the legal heirs and representatives of the deceased Applicant No. 1B and the Applicants be permitted to amend the cause title of the memo of the Civil Revision Application as well as the pending Civil Application suitably.

3.

So long as the order dated 27/04/2015 and order dated 25/08/2010 are not recalled, no relief can be granted in this application. Reserving liberty to the applicants to take appropriate steps, this Civil Application is dismissed.

(R. G. KETKAR, J.) 2/2