Vithabai Popat Karale (Since Decd) Through Lrs, Balasaheb Popat Karale v. Shri. Laxman Damu Karate And ORS

*1* sbw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2494 OF 2014 IN WRIT PETITION NO. 6056 OF 2013 Vithabai Popat Karale (since deceased through LRS) ...Applicant In the matter between Vithabai Popat Karale

...Petitioner

V/s.

Laxman Damu Karate & Ors.

...Respondents

............

Mr. Swapnil V. Walve for the Applicant.

Ms. Kinnari Hingal i/b. Mr. Sandeep D. Shinde for Respondent Nos.2 to 5. Mrs. M. S. Bane, 'B' Panel, AGP for the Respondent-State. ...........

CORAM : A. K. MENON, J.

DATE : 7TH OCTOBER, 2015.

P.C.:

Heard.

2] This is an application for bringing the heirs of the deceased respondent no.1. There is a delay of 5 months and 14 days which is sought to be explained in paragraph 5 of the Civil Application. I am satisfied with the explanation provided. In the circumstances, the delay liable to be condoned. I, therefore, pass the following order:- (i) The delay in taking out the Civil Application is condoned. (ii) The Civil Application is made absolute in terms of prayer

*2* clause(c).

(iii) The amendment is allowed to bring on record the legal heirs of deceased respondent no.1 as respondent nos.1(a) to 1(d). (iv) The amendment to be carried out within a period of two weeks. (v) The amended copy of the Petition to be served upon the respondents within a period of one week thereafter. (A. K. MENON, J.) wadhwa

*3* CERTIFICATE Certified to be true and correct copy of the original signed Judgment/Order.