Kismat Ali Son Of Dargahi Shaikh(Deceased) Lrs. Riyasat Ali Shaikh And ANR. v. Vali Mohammed Son Of Nokhai Shaikh And ORS.

41 caf 3478-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 3478 OF 2015 IN FIRST APPEAL NO. 3190 OF 2006 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. P. B. Gujar for the applicant.

None for the respondent.

CORAM : K. K. TATED, J.

DATED : 26/02/2016 P.C.:

.

Heard learned Counsel for the applicant. None for the Respondent, though duly served.

This application is preferred by legal heirs of sole Appellant for joining them as party in First Appeal No. 3190 of 2006.

The learned counsel for the applicant submits that the sole Appellant expired on 03.05.2014. 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 Sneha Chavan 1/2

41 caf 3478-15=.doc present Civil Application.

Hence, the following order:

a) Delay in preferring the Civil Application is condoned.

b) Applicant is permitted to bring legal heirs on record of deceased sole appellant Kismat Ali on record in First Appeal No. 3190 of 2006 and pending Civil Applications, if any, within six weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court.

c) If amendment is carried out within stipulated time as stated hereinabove, applicant is directed to serve the amended copy of First Appeal memo on Respondents' or their Advocate thereafter, immediately.

d) Civil application stands disposed off accordingly.

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