Shri. Viratna Vidyabanich(Since Decd) By Lrs. v. Shri. Mohan J. Jhangiani (Since Decd) By Lrs.

skc 39-CAW-1612-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1612 OF 2015 IN WRIT PETITION NO. 3814 OF 1997 Viratna Vidyabanich, since deceased by his heirs and L.Rs.

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Applicants vs.

Mohan J. Jhangiani, since deceased by heirs and L.Rs.

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Respondents Mr. Rajesh Patil for Applicants.

Mr. Kalpesh Joshi for Respondent Nos. 1A to 1C. CORAM : M. S. SONAK, J.

DATE : 13 JULY 2015 P.C. :- 1] This application seeks to bring on record the legal heirs of the deceased petitioner. The application is opposed by the respondents by contending that the applicants, on their own saying, reside abroad and therefore it is contended that such applicants are not entitled to pursue the writ petition.

2] At this stage, there is no reason to go into the issue which has been raised by the respondents. Suffice to note that there is no legal dispute that the applicants were styled as applicant nos. 1A, 1B and 1C are the legal representatives of the deceased petitioner Shri Viratna Vidyabanich. Accordingly, keeping open the issue raised by the learned counsel for the respondents, to be considered 1/2

skc 39-CAW-1612-15 at the stage of final hearing of the writ petition, this civil application is allowed in terms of prayer clause (a). Necessary amendment to be carried out within a period of two weeks from today. 3] Civil application is disposed of.

4] Since the petition is of the year 1997, place the same for final hearing in the week commencing on 3 August 2015. (M. S. SONAK, J.) Chandka 2/2