Shri. Kedari Nivrutti Kamble v. Shri. Shivaji Dattu Kamble And ORS

3 caw 1801-14=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 1801 OF 2014 IN WRIT PETITION NO. 6532 OF 2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A. M. Kulkarni for the Applicant.

Mr. Shrishailya Sakhare for the Respondent Nos. 1 to 5, 6A, 6B, 7 to9, 12A to 12D, 13 and 14.

CORAM : K. K. TATED, J.

DATED : 27/06/2016 P.C.:

.

Heard learned Counsel for the parties.

The learned counsel for the applicant submits that they have already filed affidavit of service dated 14.10.2015 in the Registry on 15.10.2015 showing that all the legal heirs of deceased respondent No. 11 were duly served.

Office is directed to verify the same.

This application is for bringing legal heirs on record of deceased respondent no.11, who died on 09.08.2013. Though, the legal heirs of respondent no.10 are duly served, no one appeared on behalf of them when the matter called out.

Considering the submissions made by the learned counsel for the Applicant and the averments Sneha Chavan 1/2

3 caw 1801-14=.doc made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

Hence, the following order:

a) Delay in preferring Civil Application is condoned.

b) Abatement is set aside.

c) Applicant is permitted to bring the legal heirs on record on deceased respondent no.11 in Writ Petition No. 6532 of 2013 within one week from today, 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, office is directed to issue notices to the added respondents, returnable after four weeks.

e) Applicant is permitted to serve the added respondents in Writ Petition No. 6532/2013 by private notice either by RPAD and/or by hand delivery and to file an Affidavit of service to that effect.

f) Hamdast is allowed.

g) Civil application stands disposed off accordingly.

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