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Bombay High CourtCAF/463/2012allowed

Bama Ziprya Patil v. The State Of Maharashtra

2015-04-17Hon'Ble Shri Justice K.K. Tated2 pages

15.463.12-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.463 OF 2012 IN FIRST APPEAL NO.1206 OF 2004 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Rajiv Patil, Senior Advocate for the Applicant Mr. Rajan Pawar AGP for the Respondent.

CORAM : K. K. TATED, J.

DATE : APRIL 17, 2015 P.C.:

1.

Heard. This application is for bringing legal heirs on record of deceased Appellant No.1 Bama Ziprya Patil who died on 16/06/2006.

2.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

3.

Hence, the following order:

a) Civil Application is allowed in terms of prayer clauses (a) & (b) which read thus:

Basavraj G Patil 1/2

15.463.12-caf A) This Hon'ble Court be pleased to condone the delay of 4 years and 3 months in preferring the present Civil Application for bringing legal heirs and legal representatives of th deceased Petitioner (original claimant) on record of the legal proceeding.

B) This Hon'ble Court be pleased to permit the Petitioners to amend the title of the First Appeal No.1206/2004 in the record of the present proceedings by setting aside the abatement.

b.

Amendment to be carried out within 1 week from today. Amended copy of the appeal be served on the Respondent.

c.

Civil Application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2