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Bombay High CourtCAW/464/2019allowed

Uttamchand Mulchand Rathod (Since Decd.) Through Lrs. v. Subhash Sitaram Ghag And ANR.

2019-11-29Hon'Ble Shri Justice A.S. Gadkari2 pages

8-wp-8839-2016.doc Tandle

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 464 OF 2019 IN WRIT PETITION NO. 8839 OF 2016 Uttamchand Mulchand Rathod ... Applicant.

Versus

Subhash Sitaram Ghag and Anr.

... Respondents.

. . . . . .

Mr. Vikram N. Walawalkar i/b. Mr. Amit Borkar, Advocate for Applicant. Mr. Suryajeet P. Chavan i/b. Mr. Ravi G. Shinde, Advocate for Respondent No.1.

. . . . . .

CORAM : A. S. GADKARI, J.

DATE : 29th NOVEMBER, 2019 P. C. :

1.

Leave to amend to incorporate prayer clause for condonation of delay.

Amendment be carried out forthwith.

2.

This is an application for bringing legal heirs of sole petitioner on record. It is stated that, the petitioner, i.e. Uttamchand M. Rathod passed away on 25th January 2018.

There is a delay of 1 day in filing the present Civil Application.

3.

Perusal of the application would indicate that, sufficient cause is made out for condonation of delay and for bringing legal heirs of sole petitioner on record.

1/2

8-wp-8839-2016.doc In view thereof, delay is condoned and the application is allowed in terms of prayer clause (a-1) and (b). 4.

Amendment be carried out within a period of three weeks from today in the record of Court and simultaneously in the copy of the petition already served upon the learned Advocate for the respondents. 5.

Application is allowed in the aforesaid terms. (A. S. GADKARI, J.) 2/2