Bapusaheb Balavant Mali (Decd) By Heirs. v. Shankar Balwant Mali And ORS.

912.CAS.1848.17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1848 OF 2017 IN SECOND APPEAL NO. 667 OF 2003 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr. Amit B. Borkar for Applicants.

Mr. Yuvraj P. Narvankar for Respondent Nos. 1 to 7.

------- CORAM : K. K. TATED, J.

DATE : DECEMBER 14, 2017 P.C.:

.

Heard learned Counsel for parties.

2.

This Civil Application is for bringing on record the legal heirs of deceased Appellant No. 2(A) - Anandrao Mahadeo Mali, who died on 20th March, 2016.

3.

The present Civil Application is filed on 27th June, 2016 i.e. within the period of limitation.

4.

Considering the submission made by the learned Counsel for Applicants and the averments made in Civil Application and as Civil Application is filed within the period of limitation, I am satisfied that Applicants have made out a case Yadav VG 1/2

912.CAS.1848.17 for allowing the Civil Application. Hence, the following order.

ORDER

(A) Applicants are permitted to bring on record the legal heirs of deceased Appellant No.2(A) - Anandrao Mahadeo Mali in Second Appeal and pending Civil Application on or before 12th January, 2018, failing which, Civil Application shall stand dismissed without reference back to the Court.

(B) If amendment is carried out within stipulated time as stated herein above, Applicant to serve the amended copy of Second Appeal and pending Civil Application on the other side immediately.

(C) Civil Application stands disposed of accordingly.

(K.K.TATED, J.) Yadav VG 2/2