Bharati Vidyapeeth v. Dhanaji Tanaji Suryavanshi And ANR.

hcs 41.caw968.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.968 OF 2018 IN WRIT PETITION NO.9546 OF 2014 Bharati Vidyapeeth .. Applicant/Petitioner.

Vs.

Dhanaji Tanaji Suryavanshi & Anr.

.. Respondents WITH CIVIL APPLICATION NO.942 OF 2018 IN WRIT PETITION NO.9546 OF 2014 Mrs.Shardha Dhanaji Suryavanshi & Ors.

Applicants/Org.Respondents.

In the matter of Bharati Vidyapeeth .. Petitioner Vs.

Dhanaji Tanaji Suryavanshi & Anr.

.. Respondents Mr.Kiran Bapat i/b Avinash H. Fatangare for the applicant/petitioner Mr.Swapnil i/b A.S.Rao with Ms.Nirmala K. Bhosale for the respondent no.1. CORAM : A.K. MENON, J.

DATED : 23RD APRIL, 2018.

P.C. :

1.

In Civil Application No.942 of 2018, the applicants, who are heirs of deceased respondent no.1 seek to be impleaded. In the meantime in 1/2

41.caw968.18.doc Civil Application No.968 of 2018 the applicant is the original petitioner and it seeks setting aside the order of abatement in view of demise of respondent no.1 and condonation of delay in making this application. 2.

Learned counsel for the applicants in Application No.942 of 2018 states that the appearance filed in the civil application may be treated as appearance in the writ petition. In the circumstances, I pass the following order :

(i) Civil Application No.968 of 2018 is allowed in terms of prayer clauses (a), (b) and (c). Amendment to be carried out within two weeks from today. Re-verification dispensed with. Amended copy to be served within one week thereafter.

(ii) The appearance filed by the learned Advocate for the applicants in Civil Application No.942 of 2018 shall be treated as her appearance in the petition for the newly added respondents.

(iii) Both civil applications are disposed of in the above terms. (iv) Writ Petition to come up for hearing in usual course. (A.K. MENON,J.) 2/2