Shri. Jayant Maniklal Lunawat And ANR. v. Special Land Acquisition Officer No. 15 And ORS.

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1253 OF 2019 IN FIRST APPEAL NO.586 OF 2010 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Shrinivas Bobde a/w Ms.Priyanka Gidh i/b TRD Associates for the applicant Mr.Yogesh Dabake, A.G.P. for the respondent no.1 Mr.S.R.Kulkarni for the respondent nos.4A, 5C, 6B, 7, 8, 11(B) CORAM : K. K. TATED, J DATE : APRIL 1, 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.

By this Civil Application, Applicant is seeking permission to bring legal heirs on record of deceased Respondent no.3, 5a and 5f 1/3

in First Appeal No.586 of 2010 and consequential amendment and also for delay in filing Civil Application.

The learned counsel for the Respondent submits that he received instruction to appear on behalf of legal heirs of deceased Respondent nos.3, 5a and 5f. He submits that he already filed his Vakalatnama on behalf of all the legal heirs. He further submits that he do not have any objection if delay is condoned and Applicant is permitted to bring legal heirs on record of deceased Respondent as per Schedule on page 11 of the Civil Application. Hence, by consent of Applicant and advocate for legal heirs of deceased Respondent, I am satisfied that Applicant has made out a case for allowing the Civil Application.

Hence, following order is passed a. Delay in filing Civil Application is condoned. b. Abatement is set aside.

c. Applicant is permitted to bring legal heirs on record of deceased Respondent no.3, 5a and 5f in First Appeal No.586 of 2010 as per schedule on page 11 and consequential amendment on or before 26.4.2019, failing which Civil Application shall stand dismissed without referring back to the 2/3

court.

d. If amendment is carried out within stipulated time as stated hereinabove Applicant to serve amended copy of First Appeal on other side.

e. Civil Application stands disposed of accordingly.

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