Francis Anton Marneker v. Marie Daid Marnekar(Since Deceased) T.H.L.H. And ORS

89.cas.655.14.sxw ingale

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 655 OF 2014 IN SECOND APPEAL NO. 193 OF 2013 Francis Anton Marnekar .. Applicant Vs.

Shri Mari Daid Marnekar .. since deceased by her legal heirs 1a. Simon Daid Marnekar and others .. Respondents Mr.S.M.Sabrad, Advocate for the Applicant.

Ms.Tejasweeta V.Bhosale, Advocate for Respondents No.3a to 3d. CORAM :

R. G. KETKAR, J.

DATE : 20th MARCH, 2015 P.C. :

.

Heard Mr.S.M.Sabrad, learned Counsel for the applicant and Ms.Tejasweeta V.Bhosale, learned Counsel for respondents No.3a to 3d.

2.

This is an application for bringing heirs and legal representatives of respondent No.3 on record after condoning the delay of 4 years and 29 days . Respondent No.3 died on 16/12/2009 during the pendency of the Appeal before the District Court. Respondent No.3 died leaving behind respondents No. 3a to 3d for whom Ms.Bhosale appears. She has no objection for allowing the application.

1/2

89.cas.655.14.sxw 3.

Civil Application is allowed in terms of prayer clauses (b) & (c) with no order as to costs. Amendment in the main appeal shall be carried out within 14 days from today. 4.

List the Appeal for admission on 18/04/2015.

(R. G. KETKAR, J.) 2/2