Vijay Bhaganna Anklellu (Since Deceased) Thr. Lrs. Smt. Pushpa Vijay Ankellu And ORS. v. Paratibai Lingu Gorel (Since Deceased) Thr. Lrs.
501-CAC-216-2019.odt Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO.216 OF 2019 IN CIVIL REVISION APPLICATION 146 OF 2013 Vijay Bhaganna Anklellu ] (since deceased through legal heirs) ] Pushpa Vijay Ankellu and others.
] Applicants Vs.
Parvatibai Lingu Gorel ] (since deceased through Legal Heirs) ] Ashok Lingu Goreland others.
] Respondents
IN THE MATTER BETWEEN:
Parvatibai Lingu Gorel ] (since deceased through Legal Heirs) ] Ashok Lingu Goreland others.
] Applicants Vs.
Vijay Bhaganna Anklellu ] (since deceased through legal heirs) ] Pushpa Vijay Ankellu and others.
] Respondents .....
Narendra Chandrakant Walimbe, Advocate for the Applicants. .....
CORAM : R.G. KETKAR, J.
DATE : 13th JUNE, 2019.
P.C.
Not on board. At the request of Mr. Walimbe, taken up in the production board.
2.
Heard Mr. Walimbe, learned Counsel for the applicants.
501-CAC-216-2019.odt 3.
This is an application for bringing on record legal representatives of Parvatibai Lingu Gorel, the sole applicant in main C.R.A. The application is taken out by the respondents in the C.R.A on the ground that the applicants' Advocate was communicated about death of the sole applicant Parvatibai Lingu Gorel along with details of the legal representatives. However, no steps are taken. He further submits that he has served copy of this application on Mr. A.B. Avhad, learned Counsel for the sole applicant Parvatibai Lingu Gorel. He has also given notice of today's production to Mr. A.B. Avhad. However, none appears on behalf of the legal representatives of the applicant Parvatibai Lingu Gorel .
4.
For the reasons stated in the application, I am satisfied that the applicants have made out a sufficient cause for condoning delay of 211 days. C.A is allowed in terms of prayer clauses (a) and (b) with no order as to costs. Advocate for the applicants will carry out amendment within 14 days from today, failing which the respondents in the main C.R.A are permitted to carry out amendment. After amendment is carried out, issue notice to the legal representatives of the sole applicant-Parvatibai Lingu Gorel returnable on 11th July, 2019.
5.
As none appears for the applicant in the main C.R.A, Mr. Walimbe assures that he will serve copy of this order on Mr. A.B. Avhad. Order accordingly.
[R.G. KETKAR, J.]