Kondaji Ranoji Koshire And Othrs v. Laxmibai Parshram Gawali D.H-Ranjana Prakash Badne And Othrs

21.4337.14-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.4337 OF 2014 IN FIRST APPEAL NO.200 OF 2009 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S. S. Kanetkar for the Applicant.

Mr. S. Joshi for Respondent Nos.15, 17, 18 to 21, 23, 24.

Mr. Abhijeet Deshmukh i/b. S. A. Sawant for Respondent No.2.

CORAM : K. K. TATED, J.

DATE : JANUARY 14, 2015 P.C.:

1.

Heard. This application is for bringing legal heirs on record of deceased - original Appellant No.3 Kisanrao Ranoji Koshire who died on 14/01/2011. There is one day delay in filing the present Civil Application .

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. Hence, the following order:

Basavraj G Patil 1/2

21.4337.14-caf a) Civil Application is allowed.

b) Delay in preferring the Civil Application is condoned.

c) The Applicant is permitted to bring the legal heirs on record of deceased - original Appellant No.3 in the First Appeal as well as the pending Civil Application, if any within 6 weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court. d) The learned counsel for the Appellant is directed to serve an amended copy of the memo of appeal along with Civil Application, if any, on the Respondent or their Advocate within 12 weeks thereafter.

e) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2