Jaikumar Jayantilal Thakkar v. Chandrasen Dinkarrao Shirole And ORS

skc 902-CA-893-894-895.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 893 OF 2016 IN WRIT PETITION NO. 7201 OF 2015 WITH CIVIL APPLICATION NO. 894 OF 2016 IN WRIT PETITION NO. 7201 OF 2015 WITH CIVIL APPLICATION NO. 895 OF 2016 IN WRIT PETITION NO. 7201 OF 2015 Jaikumar J. Thakkar ..

Petitioner / Applicant vs.

Chandrasen D. Shirole & Ors.

..

Respondents Mr. Akshay Petkar for Applicant.

Mr. Prabhakar M. Jadhav for Respondent Nos. 1A, 1B, 3 to 8, 8A, 8E and 10.

CORAM : M. S. SONAK, J.

DATE: 31 AUGUST 2017 P.C :

1] These civil applications seek to bring on record the legal representatives of some of the deceased respondents. The respondents have died in the years 2002, 2006 and 2008. At this stage, the applicant / petitioner's appeal was pending before the appeal court. However, it appears that, no steps were taken to bring on record legal representatives of the deceased respondents. In this petition, when the notices returned unserved with the remark that the respondents have expired, necessary particulars were furnished 1/2

skc 902-CA-893-894-895.doc by the learned counsel appearing for the remaining respondents and in pursuance of the same, these civil applications have been taken out.

2] In the aforesaid circumstances, there is sufficient cause for condonation of delay by imposition of costs. Accordingly, the civil applications are allowed in terms of prayer clauses (a), (b), (c) and (d). This shall be subject to payment of costs of Rs.10,000/- in each of the civil applications i.e. total costs of Rs.30,000/-. Costs to be paid within a period of four weeks from today. 3] Necessary amendments to be carried out within a period of three weeks from today.

4] The civil applications are disposed of in the aforesaid terms. (M. S. SONAK, J.) Chandka 2/2