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Bombay High CourtCAW/1714/2016disposed off

Shri. Vijay Arjun Mhatre And ANR. v. Shri. Yashwant Bhaskar Mhatre And ORS.

2016-07-26Hon'Ble Shri Justice K.K. Tated2 pages

18.1714.16-caw FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1714/2016 IN WRIT PETITION NO.2755/2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Mahadeo A. Choudhari for the Applicant Mr. Sachin Chavan for the Respondent Nos.1 to 6. CORAM : K. K. TATED, J.

DATE : JULY 26, 2016 P.C.:

1.

Heard. Liberty granted to the applicant to carry out appropriate amendment in the cause title of the Civil Application during the course of the day.

2.

This application is for bringing legal heirs on record of deceased sole respondent No.1 Yashwant B. Mhatre who died on 07.06.2014.

3.

The learned counsel for the respondent submits that he received instructions to appear on behalf of the legal heirs of deceased respondent No.1. He seeks some time to file vakalatnama in Writ Petition. He further submits that they have no objection if the Civil Application is allowed. Basavraj G Patil 1/2

18.1714.16-caw 4.

Considering the submissions made by the learned counsel for the applicant, the averments made in the Civil Application and as the advocate for the legal heirs of deceased respondent No.1 has no objection for allowing the Civil Application, following order is passed:

a.

Delay in making the Civil Application is condoned.

b.

The applicant is permitted to bring on record the legal heirs of deceased respondent No.1 in Writ Petition within four weeks from today failing which the Civil Application 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, if any, on the Advocate for the Respondents, immediately thereafter.

d.

The learned counsel for the added respondents waives service in Writ Petition.

e.

Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2