Smt. Vaishali Madhukar Gaiwad v. Shri. Vincent T. Fernandes And ORS.

Seema 5. CAF 2250 of 2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2250 OF 2017 IN FIRST APPEAL NO. 357 OF 2009 Smt. Vaishali Madhukar Gaikwad ...Applicant

Versus

Shri Vincent T. Fernandes & Ors.

...Respondents

---------- Mr. Rohit Joshi i/b Ms. Gauri Godse - Advocate for the applicant/appellant.

Mr. Uday Badadare i/b Mr. S. R. Singh - Advocate for the Respondent no. 2.

---------- CORAM : R. D. DHANUKA, J.

DATE : 18th DECEMBER 2019.

P.C. :

By this Civil Application, the applicant seeks to bring on record the Legal heirs of the respondent no. 1 as respondent no. 1(a) in the First Appeal No. 357 of 2009. The legal heir of respondent no. 1 has been served by publication. None appears for the proposed respondent no. 1(a).

2. On perusal of the averments made in the Civil application, I am satisfied that the delay of 176 days of filing the Civil Application and bringing the legal heirs of the respondent no. 1 is sufficiently explained.

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Seema 5. CAF 2250 of 2017.odt

3. The Civil Application is accordingly made absolute in terms of prayer clause (a) to (c).

4. The amendment to be carried out within four weeks from today. Amended copy of First Appeal to be served on the respondent including newly added party within one week from the date of carrying out amendment.

[R. D. DHANUKA, J.] 2/2