Shri. Dashrath @ Purushottamdas Shamdas Bairagi v. Shri. Pundlik Ambu Mahale (Since Decd) Through Lrs And ORS

CAW 1353 of 2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 1353 OF 2017 IN WRIT PETITION No. 3101 OF 2016 Shri Dashrath @ Purushottamdas Shamdas Bairagi ....Applicant Vs.

Shri Pundlik Ambu Mahale since deceased through LRs and Ors.

...Respondents

*********** Mr. Rahul D. Motkari for Applicant Mr. Satyajit P. Dighe for Respondents *********** CORAM: M.S.SANKLECHA, J.

DATE : 27th SEPTEMBER, 2017.

P.C:- 1.

Mr.Satyajit R. Dighe, learned counsel appearing for all the respondents including the proposed Respondent and undertakes to file his Vakalatnama within a week from today.

2.

This civil application has been taken out to condone the delay of 365 days for bringing the legal heirs of the deceased - Original Respondent No.2 on record and setting aside the abatement of the present proceeding.

Tikam

CAW 1353 of 2017 3.

For the reasons indicated in the civil application, the delay to bring the legal heirs of Original Respondent No.2 is condoned. The civil application is allowed in terms of prayer clauses (a) and (b). 4.

Amendment to be carried out within two weeks. Amended copy be served upon all the Respondents including the newly added Respondent. Civil Application is disposed of.

(M. S. SANKLECHA,J.) Tikam