The Agricultural Produce Market Committee v. Smt. Bhagirathi Mansingh Jadhav (Since Decd.) Through Lrs. And ORS.

5 cast7293-16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST) NO.7293 OF 2017 IN WRIT PETITION NO.2302 OF 2002 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Madhav Kulkarni i/b Mr.V.M.Thorat for the applicant Ms.Seema Sarnaik for the respondent CORAM : K. K. TATED, J.

DATE : MARCH 17, 2017 P.C.:

Not on board. At the request of Advocate for the applicant, matter is taken on board for urgent orders.

This application is for bringing legal heirs on record of deceased respondent no.1, Smt.Bhagirathi Mansingh Jadhav who died on 6.9.2004.

The learned counsel for the legal heirs of deceased respondent no.1 submits that she received instruction to appear on behalf of them. She further submits that they have no objection if Civil Application is allowed for bringing legal heirs on record. She submits that she will file her Mohite 1/2

5 cast7293-16 Vakalatnama on behalf of legal heirs on or before the next date in Writ Petition.

Statement is accepted.

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 allowing the present Civil Application. Hence, following order:

a) Abatement is set aside.

b) Delay in preferring Civil Application is condoned.

c) Applicant is permitted to bring legal heirs on record of deceased respondent no.1 in Writ Petition No.2302 of 2002 within one week from today.

d) Applicant is directed to provide amended copy of Writ Petition No.2302 of 2002 to the advocate for legal heirs of deceased respondent no.1 immediately.

e) Liberty granted to the advocate for respondent no.1 to file her Vakalatnama on behalf of legal heirs of deceased respondent no.1 within two weeks from today in Writ Petition No.2302 of 2002.

f) Civil application stands disposed off accordingly.

JUDGE Mohite 2/2