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Bombay High CourtCAW/837/2016

Smt. Laxmibai Jijaba Kohinkar v. Shri. Parshuram Tukaram Satkar And ORS.

2016-10-21Hon'Ble Shri Justice K.K. Tated2 pages

20-caw-837-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.837 OF 2016 IN WRIT PETITION NO.895 OF 2016 Smt.Laxmibai Jijaba Kohinkar ...Applicant V/s.

Shri.Parshuram Tukaram Satkar & Ors.

...Respondents

---- Mr.Sachin Dhakephalkar for the Applicant.

None present for the Respondent.

---- CORAM : K.K. TATED, J.

DATE : 21st OCTOBER, 2016.

P.C.

1.

Heard Mr.Sachin Dhakephalkar appearing for the applicant. None for the Respondent though duly served. 2.

This application is for bringing legal heirs on record of deceased Respondent No.2-Dnyanoba Tukaram Satkar who died on 05th March 2014.

3.

Considering the submissions made by the learned counsel for the applicant and averments made in the Civil Application, I am satisfied that applicant has made out case for N.S. Kamble page 1 of 2

20-caw-837-2016 allowing the Civil Application. Hence, the following order.

ORDER

(a) Delay in filing Civil Application is condoned. (b) Abatement is set aside.

(c) Applicant is permitted to bring the legal heirs on record of deceased Respondent No.2 in Writ Petition No.895 of 2016 on or before 25th November 2016 failing which Civil Application shall stands dismissed without reference back to the Court. (d) If amendment is carried out within stipulated time as stated here in above, applicant is directed to serve amended copy on Respondent including legal heirs of deceased Respondent No.2. (f) Civil Application disposed of accordingly.

(K.K. TATED, J.) N.S. Kamble page 2 of 2