Purushottam Dhondiba Rajadne (Since Decd) Through Lrs. v. Shiviling Manmath Gadhave (Since Decd) Through Lrs.

1 14) caw1449-16.doc sas

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1449 OF 2016 IN WRIT PETITION NO.5721 OF 2000 Purshottam Dhondiba Rajadne (since deceased) through LRs.

..Applicants.

V/s.

Shivling Manmath Gadhave (since deceased) through LRs.

..Respondents.

Mr.B.G.Ligade i/b. Mr.Drupad S. Patil for the applicants. Ms.Chaitrali Deshmukh i/b. Mr. I.M. Khairdi for the respondents. CORAM : G.S.KULKARNI, J.

DATED : 31 July 2017 P.C.:- Leave to amend to correct the name of respondent No.1B Rajabhau Shivling Gadhave. The correct name as stated is 'Sachin Shivling Gadhave'. Amendment to be carried during the course of the day.

2.

Heard learned counsel for the applicant and the respondent. In pursuance to the earlier order dated 25 July 2016,

2 14) caw1449-16.doc learned counsel for the respondents states that she has received Vakalatnama on behalf of the respondents. She undertakes to file Vakalatnama within a period of one week from today. 3.

The Civil Application is filed for a relief that the applicants be permitted to delete the name of deceased respondent Shivling Gadhave from the cause title of the Writ Petition and to permit the applicants to implead respondent Nos.1A and 1B as legal heirs of deceased. There is a delay of 11 days in filing the Civil Application. The delay is required to be condoned as the same is satisfactorily explained. For the reasons stated in the Civil Application, the application is made absolute in terms of prayer clause (a) and (b). Necessary amendment to be carried out within a period of two weeks from today.

4.

After the amendment is carried out, place the petition on final hearing board as per its turn in the week commencing 28 August 2017.

(G.S.KULKARNI, J.)