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Bombay High CourtCAF/2089/2015dismissed for noncomplying conditional order

Shri. Rajiv Vinayak Kolwankar (Deceased) Through 1a) Mrs. Radhika Rajiv Kolwankar And ORS. v. Smt.Gangubai Tukaram Kolwankar (Deceased) Through Her Lrs.1-A) Shri. Ashok Tukaram Kolwankar And Or

2015-07-31Hon'Ble Shri Justice K.K. Tated2 pages

2089.15-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.2089/2015 IN FIRST APPEAL NO.1149/2002 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mrs. Anjali Helekar for the Applicant Mrs. M. R. Bhoir for Municipal Corporation Mr. Mahendra Agvekar i/b. Mandar Limaye for the Respondent No.7A Mr. Bharat Gadhavi i/b. Tejesh Dande & Associate for Respondent Nos.1, 2 and 4.

CORAM : K. K. TATED, J.

DATE : JULY 31, 2015 P.C.:

1.

Heard. This application is for bringing legal heirs on record of deceased Respondent No.3 Smt.Sumati w/o. Dattatraya Kolwankar who died on 19/01/2014.

2.

Mr. Bharat Gadhavi makes a statement that he received instructions to appear on behalf of the legal heirs of Respondent no.3. He undertakes to file vakalatnama on behalf of them on or before the next date.

Basavraj G Patil 1/2

2089.15-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.

4.

Hence, the following order:

a) Delay in preferring the Civil Application is condoned.

b) The Applicant is permitted to bring on record the legal heirs of deceased Respondent No.3 within 6 weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court.

c) If amendment is carried out within stipulated time as stated hereinabove the Applicant to provide an amended copy of the First Appeal to the Respondent or their Advocate, thereafter.

d) Civil Application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2