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Bombay High CourtCAS/2/2018

Bhimrao Ramchandra Salokhe v. 1. Ganpatrao Bala Salokhe D/H And ORS.

2017-12-18Hon'Ble Shri Justice K.K. Tated2 pages

64 casst16702-17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST). NO.16702 OF 2017 IN SECOND APPEAL NO.686 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Bhushan Mandlik i/b Mr.S.S.Patwardhan for the applicant Mr.Rajesh Parab for the respondent nos.1A, 1B, 1D, 1E Mr.Rushikesh Patil i/b Mr.P.D.Dalvi for the respondent nos.9, 10, 12 and 13 CORAM : K. K. TATED, J.

DATE : DECEMBER 18, 2017 P.C.:

1.

Heard the learned counsel for the parties.

2.

This application is for bringing legal heirs on record of deceased Respondent nos.5C, Jayant Shivaji Salokhe.

3.

The learned counsel for the Applicant submits that Respondent nos.5C expired on 12.6.2017. He submits that for want of knowledge it remained on their part to take appropriate steps immediately. He further submits that legal heirs of deceased Respondent nos.5C is already on record Mohite 1/2

64 casst16702-17 as respondent nos.5B. He submits that in the interest of justice this Hon'ble Court be pleased to delete the name of Respondent nos.5C treating Respondent no.5B as legal heir of Respondent no.5C. Same is permitted. Hence, following order is passed:

a) Delay is condoned.

b) Applicant is directed to carry out appropriate amendment in Second Appeal No.686 of 2014 deleting name of Respondent nos.5C and showing name of Respondent nos.5B as legal heir also. c) Amendment be carried out on or before 19.1.2018, failing which the Civil Application shall stand dismissed without further reference to the court.

d) If amendment is carried out within stipulated time as stated hereinabove, the Applicant is directed to serve an amended copy of the Second Appeal and pending Civil Application if any, on the Advocate for the other side, immediately thereafter. e) Civil Application stands disposed of accordingly. (K.K.TATED, J.) Mohite 2/2