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Bombay High CourtCAO/261/2014disposed off

Suresh Annaji Patil v. Kondaji Ranoji Koshire And Othrs

2015-01-14Hon'Ble Shri Justice K.K. Tated2 pages

21.261.14-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.261 OF 2014 IN CROSS-OBJECTION (ST) NO.5804 OF 2009 IN FIRST APPEAL NO.200 OF 2009 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S. S. Kanetkar for the Applicant.

Mr. S. Joshi for Respondent Nos.15, 17, 18 to 21, 23, 24.

Mr. Abhijeet Deshmukh i/b. S. A. Sawant for Respondent No.2.

CORAM : K. K. TATED, J.

DATE : JANUARY 14, 2015 P.C.:

1.

Heard. This application is for bringing legal heirs on record of deceased Respondent No.3 Kisanrao Ranoji Koshire who died on 14/01/2011. There is delay of 20 days in preferring the Civil Application.

2.

The learned counsel for the Respondent states that he received instructions to appear on behalf of the legal heirs of deceased Respondent No.3. Statement is accepted.

Basavraj G Patil 1/2

21.261.14-caf 3.

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. Hence, the following order:

A) Civil Application is allowed in terms of prayer clauses (a) & (b) which read thus:

(a) This Hon'ble Court be pleased to condone the delay, if any, in filing the present Civil Application and abatement, if any, be set aside.

(b) This Hon'ble Court be pleased to bring on record the Respondent No.3A to 3F herein as the legal heirs and representatives of original Appellant No.3 and the cause title of the cross-objection may be allowed to amend suitably.

B) Amendment to be carried out within six weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court.

C) The Applicant to amend the copy of the cross-objection within 12 weeks thereafter. D) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2