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Bombay High CourtCAW/662/2019

Laxmibai Vishnu Bharsat And ORS. v. Soni @ Somi Laxman Chaudhary And ORS.

2019-03-04Hon'Ble Shri Justice K.K. Tated2 pages

6.6808.19-caw.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST) NO.6808/2019 IN WRIT PETITION NO.9834/2017 Laxmibai Vishnu Bharsat & Ors.

... Petitioners V/s.

Soni @ Somi Laxman Chaudhary & Ors.

... Respondents Mr. Akhilesh Dubey a/w. Vagish Mishra I/b Law Counsellors for the Petitioners Ms. Anusha Amin I/b. Chintan Shah for Respondent No.1.

CORAM:

K.K. TATED, J.

DATED :

MARCH 4, 2019 P.C. :

Not on board. Taken on board.

By this Civil Application, the Applicant seeks permission to bring on record the legal heirs of deceased Respondent No.1 Soni Laxman Chaudhari, who died on 22.12.2018.

The learned counsel for the Respondent submits that she received instructions to appear on behalf of the legal heirs of Respondent No.1. She submits that she has no objection if the delay is condoned.

Hence, following order is passed:

Basavraj G. Patil 1/2

6.6808.19-caw.doc a.

Delay in making the Civil Application is condoned. b.

The Applicant is permitted to bring the legal heirs on record of deceased Respondent No1 in the Writ Petition on or before 30.03.2019 failing 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, the Applicant is directed to serve an amended copy of the Writ Petition, on the Advocate for the added Respondents, immediately thereafter.

d.

The learned counsel for the Respondent waives service for the legal heirs of Respondent No.1 in the Writ Petition e.

Civil application stands disposed off accordingly. f.

No order as to costs.

g.

Office is directed to place the Writ Petition on 08.04.2019, for admission.

h.

Interim protection, if any, granted earlier and which is in force, to continue till next date.

(K. K. TATED, J.) Basavraj G. Patil 2/2