Shri. Bhikoba Genba Bathe (D/H) And Others v. Shri. Appa Bahu Bathe And Others

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.619 OF 2018 IN SECOND APPEAL NO.95 OF 2015 Bhikoba Genba Bathe (Since Deceased), Through LRs.:- Ramdas Bhikoba Bathe & Ors.

.... Applicants V/s.

Appa Bahu Bathe (Since Deceased), Through LRs.:- Radhabai Appa Bathe & Ors.

.... Respondents Mr. Parag M. Tilak for the Applicants.

None for the Respondents.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 7 TH JUNE, 2018.

P.C. :

1.

This is an application for condonation of delay to set aside abatement and to bring on record the legal heirs of deceased Respondent No.1.

2.

For the reasons stated in the Civil Application, the delay is condoned. Civil Application is allowed.

3.

Issue notice to the proposed legal heirs of deceased Respondent 1/2 SA-619-18.doc

No.1, returnable on 12th July 2018. In addition to the notice through Court, learned counsel for the Applicants may also serve the proposed legal heirs of deceased Respondent No.1 by private notice and file affidavit-of-service by the returnable date.

4.

Civil Application is disposed off in the above terms. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 SA-619-18.doc