Smt.Yesabai Dattu Mandle (Since Deceased Through Lrs.) v. Shri Shankar Dhondi Patil And ANR.

4-caw1081-17.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1081 OF 2017 IN WRIT PETITION NO.5153 OF 1993 Yesabai D. Mandale, since deceased through Her L.Rs. - Mira D.Chavan & Ors.

...Applicants /

...Petitioners

V/s.

Shankar D. Patil & Anr.

...Respondents

Mr.Kalpesh Patil for the Applicants / Petitioners. Mr.Umesh Mankapure for the Respondents.

CORAM : R.D. DHANUKA, J.

DATE : 28TH JUNE, 2018.

P.C. :- 1.

By this civil application, the applicants seek to bring the legal heirs of the sole petitioner, who expired on 15th July, 2016 on record. Heard learned counsel appearing for the parties. The applicants have made out a case for setting aside the order of abatement, if any, and for their impleadment in place of the original petitioner.

2.

For the reasons recorded in the civil application, the civil application is made absolute in terms of prayer clauses (a) and (b). The order of abatement, if any, is set aside. The amendment to be carried out within two weeks from today. The amended copy of the 1/2

4-caw1081-17.doc petition shall be served upon the respondents' advocate within one week from the date of carrying out amendment. No order as to costs. 3.

The office is directed to add the writ petition in the list of final hearing according to the number of year. (R.D. DHANUKA, J.) 2/2