Smt. Taibai Ramnath Mohite And ANR v. Joma Gomaji Mohite And ANR

16 caw1132-15 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1132 OF 2015 IN WRIT PETITION NO.4467 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Akshay Deshmukh i/b Mr.Uday Warunjikar for the applicant Mr.Rahul Thakur for the respondent no.1 and legal heirs of respondent no.2 CORAM : K. K. TATED, J.

DATE : JULY 11, 2016 P.C.:

Heard the learned counsel for the parties.

Advocate Mr.Rahul Thakur submits that he received instruction to appear on behalf of respondent no.1 as well as legal heirs of respondent no.2 also. He undertakes to file his Vakalatnama on behalf of both the respondents in Civil Application as well as Writ Petition within two weeks from today. He submits that he does not have any objection to allow the present Civil Application.

Considering the submissions made by the Mohite 1/2

16 caw1132-15 learned counsel for the applicant and the no objection given by advocate for respondent no.1 and legal heirs of respondent no.2, I am satisfied that the applicant has made out a case for allowing Civil Application. Hence, following order is passed:

a) Delay in preferring Civil Application is condoned.

b) Applicant is permitted to bring legal heirs on record of deceased respondent no.2, Kashinath Gomaji Mohite in Writ Petition No.4467 of 2014 within one week from today.

c) Applicant to serve copy of amended Writ Petition along with all annexures on respondent's advocate immediately after carrying out amendment.

d) Office is directed to place Writ Petition No.4467 of 2014 on board under the caption for admission on 8.8.2016.

e) Civil Application is disposed of accordingly. JUDGE Mohite 2/2