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Bombay High CourtCAS/650/2016allowed

Balu Mukund Patil And ORS. v. Tulshidas Bapu Patil And ORS.

2016-07-01Hon'Ble Shri Justice Nitin Jamdar2 pages

1 112 CAS 650-16 in SA 202-15 .doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 650 OF 2016 in SECOND APPEAL NO. 202 OF 2015 Office Notes, Office Memoranda of Coram, appearances, Court's order or Directions and Registrar's Orders Court's or Judge's Orders Ms.Geetanjali Golatkar, for Applicants / Appellants.

Mr.Dushyant Pagare i/b Mr.Rajesh Datar, for Respondent Nos.1, 3 to 9.

CORAM: N.M. Jamdar, J.

Friday, 1 July 2016.

P.C.:

The notices have been issued in the Application to the proposed heirs of Respondent No.2.

2.

Heard learned counsel for the parties.

3.

The delay in filing the Application is of 271 days. The

2 112 CAS 650-16 in SA 202-15 .doc learned counsel for the Respondents Nos.1, 3 to 9 opposes.

In paragraph 3 and 4 of the Application, the Applicant has given cogent reasons about the knowledge of the Applicant as to when they came to know as to the death of Respondent No.2. The reasons stated therein being cogent, the Civil Application is allowed in terms of prayer clause (a).

Amendment to be carried out within period of four weeks from today.

(N.M.Jamdar, J.)