Mr.Sunil Vishwanath Sannake Deceased Thr. Lrs. Sagar Sunil Sannake And ORS. v. Shri. Dattaram Atmaram Sannake And ANR.

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST.) NO.5550 of 2019 IN FIRST APPEAL (ST.) NO.5495 OF 2018 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms.Swati Kakwani i/b M/s.Intra Legal for the applicant Ms.Madhuri More for the BMC CORAM : K. K. TATED, J DATE : MARCH 22, 2019 P.C.:

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Not on board. At the request of Advocate for the Applicant, matter is taken on board for urgent orders.

2.

By this Civil Application Applicant is seeking permission to bring legal heirs on record of deceased appellant no.1 Sunil Vishwanath Sannake who died on 1.2.2019. 1/3

The present Civil Application is filed on 21.02.2019 which is within time.

3.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

A) Civil Application is allowed in terms of prayer clause (a), (b) and (c) which reads thus:

"(a) Applicant no.1A, 1B and 1C be impleaded as Appellant No.1A, 1B and 1C legal heir of the Deceased Appellant no.1 in the First Appeal (L) 5495 of 2018.

(b) Applicant no.1A, 1B and 1C be impleaded as Appellant No.1A, 1B and 1C legal heir of the Deceased Appellant no.1 in the Civil Application 2062 of 2018.

(c) Applicant no.1A, 1B and 1C be impleaded as Appellant No.1A, 1B and 1C legal heir of the Deceased Appellant no.1 in the Civil Application (L) 34870 of 2018."

B) Applicant to carry out appropriate amendment on or before 26.04.2019 failing 2/3

which the Civil Application shall stand dismissed without further reference to the court.

C) If amendment is carried out within stipulated time as stated hereinabove, Applicant is directed to serve amended copy of appeal memo and Civil Application on other side immediately thereafter.

D) Civil application stands disposed off accordingly.

E) No order as to costs.

(K.K.TATED, J.) 3/3