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Bombay High CourtCAS/769/2015allowed

Bhagvva Bhimsha Mhetre (Deleted) And ORS. v. Dhondavva Revappa Mhetre (Deleted) And ANR.

2016-08-20Hon'Ble Shri Justice R.D. Dhanuka1 pages

kvm 1/1 22-CAS769.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 769 OF 2015 IN SECOND APPEAL NO. 480 OF 2005 Bhagvva Bhimsha Mhetre (Deleted) & Ors.

..... Applicants

VERSUS

Dhondavva Revappa Mhetre (Deleted) & Ors.

..... Respondents Mr.Sagar Joshi, i/b. Mr.S.M.Oak for the Applicants. CORAM :

R.D. DHANUKA, J.

DATE :

20th AUGUST, 2016 P.C.

Learned counsel appearing for the applicants states that all the respondents are served.

2.

By this civil application, the applicants seek condonation of delay of 2 years and 213 days in filing civil application, for setting aside the abatement as against proposed respondent nos. 2A to 2C and for bringing the legal heirs of respondent no.2 on record. No affidavit in reply is filed by the proposed respondents or any other respondents. For the reasons recorded in the civil application, civil application is made absolute in terms of prayer clauses (e), (f) and (g). Amendment to be carried out within two weeks from today. Amended copy of the second appeal shall be served upon the newly added parties as well as the other respondents within two weeks from the date of carrying out amendment. No order as to costs.

[R.D. DHANUKA, J.]