Dilip Annaso Parve And Others v. Ashok Annaso Parve And Others

13.CAS.1167.16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1167 OF 2016 IN SECOND APPEAL (ST) NO. 20674 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr. Dhrupad S. Patil for Applicants.

Mr. Girish Agarwal for Respondent No.4-A.

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

DATE : DECEMBER 19, 2017 P.C.:

.

Heard learned Counsel for parties.

2.

This application is for bringing on record the legal heirs of deceased Respondent No. 3 - Bajirao Maruti Kenjale. Though the legal heirs of deceased Respondent No.3 are duly served, no one appeared on behalf of them when the matter was called out.

3.

Considering these facts, following order is passed.

ORDER

(A) Delay in preferring the Civil Application is condoned.

(B) Abatement is set aside.

Yadav VG 1/2

13.CAS.1167.16 (C) Applicants are permitted to bring the legal heirs on record of deceased Respondent No. 3 - Bajirao Maruti Kenjale in Second Appeal (St) No. 20674 of 2014 and pending Civil Applications on or before 19th January, 2018, failing which, Civil Application shall stand dismissed without reference back to the Court.

(D) If amendment is carried out within stipulated time as stated herein above, Applicants are directed to provide the amended copies of Second Appeal as well as pending Civil Applications to the other side.

(E) Applicant is directed to serve the added Respondents in Second Appeal as well as pending Civil Application by private notice along with the copy of Civil Applications and Second Appeal, either by registered post A.D. and/or by hand delivery and file affidavit of service to that effect.

(F) Civil Application stands disposed of accordingly.

(K.K.TATED, J.) Yadav VG 2/2