Bajaj Alliance General Insurance Co.Ltd. v. Mr. Dhanaji Rangnath Chavare (Dead) Through Legal Heirs 1a. Sau. Surekha Dhanaji Chavare And ORS.

35.1538.14-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.1538/2014 IN FIRST APPEAL (ST) NO.31177/2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. M. M. Sathaye for the Applicant Mr. Rupesh Zade for the Respondent Nos.1A.

Mr. P. M. Dabade for Respondent No.1B.

CORAM : K. K. TATED, J.

DATE : JULY 31, 2015 P.C.:

1.

Heard. This application is for bringing legal heirs on record of deceased Respondent No.1 Dhanaji Rangnath Chavare who died on 22/11/2012. Adv.Mr.Dabade states that he received instructions to appear on behalf of legal heirs of Respondent No.1. He further submits that they have no objection if Civil Application is allowed.

2.

Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application and no-objection given by the legal heirs of deceased Respondent No.1, I am satisfied that the Applicant has made out a case for Basavraj G Patil 1/2

35.1538.14-caf allowing the present Civil Application.

3.

Hence, the following order:

a) Delay in preferring the Civil Application is condoned.

b) Abatement is set aside.

c) The Applicant is permitted to bring on record the legal heirs of deceased Respondent No.1 in First Appeal as well as Civil Application 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 legal heirs of deceased Respondent No.1 waives service in pending Civil Application .

e) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2