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Bombay High CourtCAS/633/2012allowed

Sadashiv Shamrao Satale And ORS. v. Dhondiram Rama Satale (Since Decd. Thro. L. H. ) Smt. Yashoda Dhondiram Satale

2016-09-30Hon'Ble Shri Justice R.D. Dhanuka2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 633 OF 2012 IN CIVIL APPLICATION NO. 4809 OF 2010 IN SECOND APPEAL (ST) NO. 4808 OF 2010 Sadashiv Shamrao Satale & Ors.

..... Applicants

VERSUS

Dhondiram Rama Satale, Since deceased, through legal heirs & Ors.

..... Respondents Mr.Ajit Savagave for the Applicants.

Mr.S.M.Railkar for the Respondent nos. 1A to 1D, 1F, 1G, 1-I, 2, 4 and 6. CORAM :

R.D. DHANUKA, J.

DATE :

30th SEPTEMBER, 2016 P.C.

Pursuant to the order passed by Shri N.M.Jamdar J., on 22nd July, 2016, the applicants have taken steps and have served respondent nos. 5E and 5H and has filed affidavit of service. The affidavit of service is taken on record. 2.

This civil application is filed for bringing legal heirs of respondent no.5 on record and for condonation of delay. None appeared for the proposed respondent nos. 5E to 5H though served. I have heard the learned counsel appearing for the applicants and have perused the civil application. The delay in filing the civil application is sufficiently explained. A copy of the death certificate of respondent no.5 is annexed. Civil application is made absolute in terms of prayer clauses (a) and (b).

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Amendment to be carried out within three weeks from today. The amended copy of the second appeal shall be served upon the respondents including newly added parties within two weeks from the date of carrying out amendment. No order as to costs.

[R.D. DHANUKA, J.]