Kundalik Bhawana Patil v. Dadu Bhawana Patil (Since Decd) And ORS

s49 cawst16444-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST.)NO.16444 OF 2018 IN WRIT PETITION NO.5924 OF 2012 Kundalik Bhawana Patil (since deceased) through his heirs and legal representatives Shantabai Kundalik Patil and Ors.

.. Applicants V/s.

Dadu Bhawana Patil (since deceased without any issue) Annappa Bhawana Patil and Ors.

.. Respondents Mr.Rajesh Parab for the applicants Ms.Manisha Prajapati I/b Mr.S.V.Sadavarte for the respondent no.4

CORAM:

K.K. TATED, J DATED :

JANUARY 9, 2019 P.C. :

Heard.

By this Civil Application, Applicants seek permission to bring on record legal heirs of deceased sole Petitioner Kundalik Bhawana Patil, who died on 15.03.2018. The present Civil Application is filed on 12.06.2018 i.e. within time. Mohite 1/2

s49 cawst16444-18.doc Considering the submissions made by the learned counsel for the Applicant, the averments made in Civil Application and as Civil Application is filed within time, I am satisfied that Applicant has made out a case for allowing Civil Application. Hence, following order is passed:

a) Applicant is permitted to bring legal heirs on record of sole Petitioner in Writ Petition No.5924 of 2012 on or before 08.02.2019, failing which the Civil Application shall stand dismissed without further reference to the court. b) If amendment is carried out within time, Applicant is directed to serve amended copy of Writ Petition on other side on 28.02.2019 and file affidavit of service to that effect. c) Civil application stands disposed off accordingly. d) No order as to costs.

(K.K. TATED, J.) Mohite 2/2