Bombay High CourtCAW/1110/2017disposed off

Mr. Laxman Sitaram Tawde And ORS v. Mr. Tikam B. Chawla And ORS

2017-06-13Hon'Ble Shri Justice K.K. Tated2 pages

19 caw1110-17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1110 OF 2017 IN WRIT PETITION (ST). NO.27430 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Lalasaheb Bandel i/b Mr.Pravartak Pathak for the applicant CORAM : K. K. TATED, J.

DATE : JUNE 13, 2017 P.C.:

Not on board. At the request of Advocate for the petitioner, matter is taken on board.

Heard the learned counsel for the applicant.

This application is for bringing legal heirs on record of deceased petitioner no.3 Chitranjan Jaykumar Tawade who died on 6.12.2016.

The learned counsel for the applicant submits that Writ Petition (ST) No.27430 of 2014 is pending for hearing and final disposal on its own merits. He submits that till today notices are not issued to the respondent in the petition.

The learned counsel for the applicant submits that for want of knowledge of the pendency of the present petition, it remained on the part of legal heirs to intimate about the death Mohite 1/2

19 caw1110-17 of petitioner no.3 to the advocate on record immediately. Hence, there is delay. He submits that in the interest of Justice this Hon'ble Court be pleased to allow the applicant to bring legal heirs on record of deceased petitioner no.3 by condoning the delay. He submits that applicant has good chance of success in the present proceedings. 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 following order:

a) Delay in preferring the present Civil Application is condoned.

b) Applicant is permitted to bring legal heirs on record of deceased Petitioner no.3 in Writ Petition (ST) No.27430 of 2014.

c) Amendment be carried out within 3 weeks from today.

d) Civil application stands disposed of accordingly.

(K.K.TATED, J.) Mohite 2/2