Shri. Mothebua Shankar Golesar And ORS v. Shri. Kiran Vitthal Lonare And ORS

skc 901-CAW-1639-14(s.m. 4.12.15)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1639 OF 2014 IN WRIT PETITION NO. 8036 OF 2015 Mothebua S. Golesar & Ors.

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Applicants vs.

Kisan V. Lonare & Ors.

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Respondents Mr. S. S. Kulkarni for Applicants.

Mrs. Vrishali Raje h/f. Mr. Pramod Joshi for Respondent Nos. 1 and 2(a).

Mr. R. D. Rayrikar - AGP for Respondent Nos. 16 to 18. CORAM : M. S. SONAK, J.

DATE: 20 NOVEMBER 2015 P.C :

1] Leave to amend the civil application. Amendment to be carried out forthwith.

2] The delay in bringing the legal heirs of Respondent No. 5 on record, is condoned. Abatement, if any, is set aside. Leave is granted to bring on record the legal heirs of the Respondent No. 5. Necessary amendment to be carried out within four week from today.

3] Civil application is disposed of.

This order is corrected as per speaking to the minutes order dated 4/12/2015 1/2

skc 901-CAW-1639-14(s.m. 4.12.15) 4] After the amendment is carried out, issue notice to the legal heirs of the Respondent No.5(a), returnable on 15 December 2015. 5] In addition to the usual mode of service, the Applicants / Petitioners to effect private service and file affidavit of service. Hamdast allowed.

6] Place the petition for admission on 15 December 2015. 7] Interim order which is already operative to continue till the next date.

(M. S. SONAK, J.) Chandka This order is corrected as per speaking to the minutes order dated 4/12/2015 2/2