Mr. Suresh Sukdeo Shirsath v. Mr. Pandurang Ramchandra Shirsath And ORS

sbw 905.caw533.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.533 OF 2015 IN WRIT PETITION NO.456 OF 2015 Suresh Sukhdeo Shirsath ...Applicant vs.

Pandurang Ramchandra Shirsath & Ors.

...Respondents

Mr. G. R. Baviskar for the Applicant.

Mr. Rameshwar N.Gite for the Respondent Nos.1 to 10. CORAM : R. M. SAVANT, J.

DATE : 3rd MARCH, 2015.

P.C. :- The above Civil Application has been filed for amending the cause title so as to array the parties mentioned in paragraph 4 of the Civil Application as the Respondent Nos.13 to 16 to the above Petition as through inadvertence they were not joined to the Petition as Respondents though they are the original Plaintiffs. The learned counsel appearing for the Respondent Nos.1 to 10 Shri Gite fairly accepts the said position. The Civil Application is, accordingly, allowed. The Petitioner would accordingly be permitted to amend the cause title so as to array the provisions mentioned in paragraph 4 as Respondent Nos.13 to 16. Amendment to be carried out forthwith. 2] With the consent of the learned counsel for the parties, taken up for hearing as to admission. The Petitioner to file an additional affidavit 1/2

sbw 905.caw533.15.doc explaining the delay in challenging the order that has been passed as long back as on 6th January, 2014 the same to be done within one week from date. If the affidavit is not filed, the right to file the same would stand forfeited. List the Petition for admission on 17th March, 2015. In the meantime, no adverse order to be passed against the Petitioner by the Trial Court on the basis that the written statement is not filed by the Petitioner.

(R. M. SAVANT, J.) wadhwa 2/2