Shri Shantikumar G.Mishra Deceased Through His Lrs. Smt. Usha Shantikumar Mishra(Wife) And ORS. v. Smt.Shantabai Gaurishankar Mishra Deceased Her Lrs. Shri. Prakash Gajdhar Trivedi And ORS.

33 caf 2381-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 2381 OF 2015 IN FIRST APPEAL NO. 331 OF 2001 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A. A. Garge for the applicant.

Mr. S. S. Kanetkar for the respondent no.5.

CORAM : K. K. TATED, J.

DATED : 29/07/2015.

P.C.:

.

Heard learned Counsel for the parties.

This application is for bringing legal heirs on record for appellant no. 1C Mrs. Sandhya Hiran Tiwari, who died on 28.12.2014.

Civil Application is filed within time.

Considering the submissions made by learned counsel for the applicant and averments made in civil application, I am satisfied that applicant has made out the case for allowing the civil application. Hence, the following order is passed:

Sneha Chavan 1/2

33 caf 2381-15=.doc i) Civil Application is allowed in terms of prayer clause (a), which reads thus:

"a) that the Applicant No. 1c/I to 1c/III be shown as the legal heirs and representatives of the deceased Appellant No.1c and the cause title of First Appeal No. 331 of 2001 be amended accordingly." ii) Applicant to carry out appropriate amendment in First Appeal as well as pending Civil Application within six weeks from today, failing which civil application shall stand dismissed without referring back to the court .

iii) Civil Application stands disposed of accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2