Shri Rajaram Daboba Mohite v. Shri Santaji Baburao Modak (Since Decd)

8.2682.15-caw FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2682/2015 IN WRIT PETITION NO.8025/2011 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. V. P. Vaze i/b. City Legal for the applicant Mr. Sanjeev J. Rairkar i/b. N.E. Walimbe for the Respondent CORAM : K. K. TATED, J.

DATE : MARCH 23, 2016 P.C.:

1.

Heard. By order dated 18.03.2016, this court directed the respondent to file an affidavit. 2.

Considering the submissions made by the learned counsel for the respondent, filing of an affidavit is dispensed with.

3.

This application is for bringing legal heirs on record of deceased sole respondent Santaji Baburao Modak who died on 07.03.2014.

4.

Considering the submissions made by the learned counsel for the applicant, following order is passed:

Basavraj G Patil 1/2

8.2682.15-caw a.

Delay in filing the Civil Application is condoned.

b.

Abatement is set aside.

c.

The applicant is permitted to bring on record the legal heirs of deceased sole respondent in Writ Petition No.8025/2011 and pending Civil Application, if any, within 4 weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court. d.

If amendment is carried out within stipulated time as stated hereinabove, the Applicant is directed to serve an amended copy of the Writ Petition as well as pending Civil Revision Application, if any, on the Advocate for the legal heirs of deceased Respondent, immediately thereafter.

e.

The learned counsel for the legal heirs of deceased respondent waives service in Writ Petition.

f.

Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2