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Bombay High CourtCAF/2270/2015disposed off

Shri Vijay Gadadhar Tambe And ANR v. Shri Shrikant Ganesh Ambekar (Deceased) And ORS

2015-07-15Hon'Ble Shri Justice K.K. Tated2 pages

2270.15-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.2270/2015 IN FIRST APPEAL NO.1232/2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Prathamesh Bhargude i/b. S. B. Deshmukh for the Applicant Mr. Hemant Ghadigaonkar for the Respondent.

CORAM : K. K. TATED, J.

DATE : JULY 15, 2015 P.C.:

1.

Heard. This application is for bringing legal heirs on record of deceased Respondent No.1 Shrikant Ganesh Ambekar who died on 29/03/2015. The Civil Application is filed within time.

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.

Basavraj G Patil 1/2

2270.15-caf 3.

Hence, the following order:

a) The Applicant is permitted to bring the legal heirs on record of deceased Respondent no.1 Shrikant Ganesh Ambekar in First Appeal as well as the pending Civil Application, failing which the Civil Application shall stand dismissed without further reference to the court.

b) If amendment is carried out within stipulated time as stated hereinabove, Office is directed to issue notice to the added Respondent in First Appeal No.1232/2013.

c) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2