Shri. Vitthal Dattatraya Mandvekar (Decd) Through Lrs. v. Hemant Tukaram Buddhiwant

PR 9 caw 2196-16=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 2196 OF 2016 IN WRIT PETITION NO. 558 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mrs. D.S. Mondkar with S.B. Shetye for the Applicant.

CORAM : K. K. TATED, J.

DATED : 11/08/2016 P.C.:

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Not on board. At the request of Advocate for the applicant, matter is taken on board for urgent orders.

By this Civil Application, the applicant is seeking to bring on record the legal heirs of sole Petitioner Vithhal Dattatraya Mandvekar, who died on 31.03.2016.

Civil Application is filed on 07.05.2016 i.e. within time.

Considering the submissions made by learned counsel for the applicant, averments made in civil application and as the Civil Application is filed within time, I am satisfied that applicant has made out the case for allowing the civil application. Hence, following order is passed:

Sneha Chavan 1/2

PR 9 caw 2196-16=.doc a) Civil application is allowed in terms of prayer clause (a), which reads thus:

"a) This Hon'ble Court may be pleased to being Applicant No. 1(a) to 1(c) as legal heirs of the Petitioner on record available before this Hon'ble Court and the Applicants may be allowed to amend the title of the Writ Petition."

b) Amendment to be carried out within four weeks from today, failing which civil application shall stand dismissed without referring back to the court .

c) If amendment is carried out within stipulated time as stated herein above, applicant is directed to server the amended copy of petition on respondents or their Advocate immediately thereafter.

d) Civil Application stands disposed of accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2