Shri Kamlakar Narayan Thakur (D/H) And Others v. Shri Murlidhar Narayan Thakur (D/H) And Others

27 cas 249-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 249 OF 2015 IN SECOND APPEAL NO. 346 OF 1994 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. V. V. Parshuram for the applicant.

None for the respondents.

CORAM : K. K. TATED, J.

DATED : 09/09/2015.

P.C.:

.

Heard learned Counsel for the applicant.

This application is for bringing legal heirs on record of deceased Respondent no.2 Arun Murlidhar Thakur, who died on 16.06.2004.

Though the legal heirs of deceased respondent no.2 are duly served, no one appeared on behalf of them, when the matter called out.

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

ORDER

a) Abatement is set aside.

Sneha Chavan 1/2

27 cas 249-15=.doc b) Delay in preferring the Civil Application is condoned.

c) Applicant is permitted to bring legal heirs on record of deceased respondent no.2 in Second Appeal no. 346 of 1994 within six weeks from today, failing which civil application shall stand dismissed without referring back to the court . d) If amendment is carried out within stipulated time as stated herein above, office is directed to issue notice to the added respondents in second appeal, returnable after twelve weeks. e) Civil Application stands disposed of accordingly.

(K.K.TATED, J.) CERTIFICATE Certified to be true and correct copy of the original signed order.

Sneha Chavan 2/2