Shri Deelip (Dilip) Manohar Pathare v. Mohini Manohar Pathare And ORS

7.905.16-caw FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.905/2016 IN WRIT PETITION NO.1133/2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. C. P. Deogirikar for the applicant Mr. Karan S. Thorat for respondent Nos.1 and 2. Mr. U. L. Shah for respondent No.3.

CORAM : K. K. TATED, J.

DATE : APRIL 13, 2016 P.C.:

1.

Heard. This application is for deleting the name of respondent No.1 Mohini Manohar Pathare who died on 24.01.2016. The learned counsel for the applicant submits that her legal heirs are already on record. The Civil Application filed is within time.

2.

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.

Basavraj G Patil 1/2

7.905.16-caw 3.

Hence, the following order:

a) The name of respondent Nos.1 be deleted.

b) The Applicant is directed to carry out appropriate amendment in Writ Petition within 2 weeks from today, failing which the Writ Petition shall stand dismissed without further reference to the court.

c) If amendment is carried out within stipulated time as stated hereinabove, the Applicant is directed to serve an amended copy of the Writ Petition as well as pending Civil Application, if any, on the Advocate for the other side, immediately thereafter.

d) Civil Application stands disposed of accordingly.

JUDGE Basavraj G Patil 2/2