Smt. Sunita Gajanan Sawant(Deceased) Her Heir Ms Sayali Sunil Desai v. Smt. Radhabai Krishna Sawant

6 caf2183-19.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2183 OF 2019 IN FIRST APPEAL NO.993 OF 1999 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.B.S.Nayak for the applicant None for the respondent CORAM : K. K. TATED, J DATE : AUGUST 7, 2019 P.C.:

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Heard.

By this Civil Application, Applicant is seeking permission to bring legal heirs on record of Respondent nos.2b, Priyanka Sunil Desai who died on 12.5.2017.

The learned counsel for the Applicant submits that present First Appeal stands disposed of by order dated 16.2.2017 passed by Mohite 1/2

6 caf2183-19.doc this court. He submits that Applicant may be permitted to make appropriate Application in Trial Court or executing court to bring legal heirs on record of deceased Respondent nos.2b for executing the decree.

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 to that effect only. Hence, the following order: a) Applicant is permitted to make appropriate Application in Trial or executing Court for bringing legal heirs on record of deceased Respondent nos.2b in Special Civil Suit No. 4627 of 1983, as present First Appeal is already disposed of by this court.

b) Civil Application stands disposed of.

c) No order as to costs.

(K.K. TATED, J.) Mohite 2/2