Chandrashekhar Shreedhar Dandekar And ANR v. Mukund Kashinath Natu

13.1962.12-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1962/2012 IN FIRST APPEAL NO.585/2008 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mrs. Neeta Karnik for the Applicant Mr. Sandesh Deshpande for the Respondent CORAM : K. K. TATED & SARANG V. KOTWAL, JJ.

DATE : JANUARY 4, 2018 P.C.:

1.

Heard. This Application is for bringing the legal heirs on record of deceased Appellant No.1 Chandrashekhar Shreedhar Dandekar. There is delay in making the Civil Application.

2.

Considering the submissions made by the learned counsel for the Applicant and the reasons disclosed in the Civil Application we are satisfied that the Applicant has made out a case for allowing the Civil Application.

3.

Hence, following order is passed.

a.

Abatement is set aside.

Basavraj G Patil 1/2

13.1962.12-caf b.

Delay in making the Civil Application is condoned.

c.

The Applicant is permitted to bring on record the legal heirs of deceased Appellant No.1 in the First Appeal as well as pending Civil Application, if any, within four weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court.

d.

If amendment is carried out within stipulated time as stated hereinabove, an amended copy of the First Appeal along with all annexures shall be served on the advocate for the legal heirs.

e.

Civil Application stands disposed of accordingly.

(SARANG V. KOTWAL,J.) (K.K.TATED,J.) Basavraj G Patil 2/2