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Bombay High CourtCAF/2283/2014disposed off

Shri Ghanashyam Sitlaprasad Pande v. Smt. Pramilabai P. Paralkar (Decd.) By Heirs Andors.

2016-02-12Registrar (Judicial - Iwp)2 pages

45 caf2283-14.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO.2283 OF 2014 IN FIRST APPEAL NO.917 OF 1996 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.J.G.Reddy for the applicant CORAM : K. K. TATED, J.

DATED : 12/02/2016 P.C.:

Heard the learned counsel for the applicant. Though respondents are duly served, no one appeared on behalf of them when the matter was called out.

This application is for bringing legal heirs on record of deceased sole respondent, Pramila Paralkar who died on 19.5.1997. There is a delay of 123 days in preferring the present Civil Application 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: Mohite 1/2

45 caf2283-14.doc a) Delay of 123 days in preferring present Civil Application is condoned.

b) Applicant is permitted to bring legal heirs on record of deceased respondent in First Appeal No.917 of 1997 within four weeks from today failing which Civil Application shall stand dismissed without referring back to the court.

c) If amendment is carried out within stipulated time as stated hereinabove, Applicant is directed to serve an amended copy on added respondents by private notice either by registered post A.D. and/or by hand delivery and file Affidavit of Service to that effect.

d) Civil application stands disposed off accordingly.

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