Baburao R. Chathave (Since Decesed Through Lrs.) v. Ramchandra A. Karlekar (Died On 08/07/2007) And ANR.

210.1549.17-caw FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1549/2017 IN WRIT PETITION NO.5165/1995 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Shrishail Sakhare for the applicant CORAM : K. K. TATED, J.

DATE : JULY 14, 2017 P.C.:

1.

Mentioned. Not on board. Taken on board.

2.

The learned counsel for the applicant submits that a copy of the Civil Application has already been served on the respondent. The statement is accepted. In spite of service none appeared for the respondent.

3.

This application is for bringing legal heirs on record of deceased petitioner No.1 Baburao Ramchandra Chothave who died on 18.01.2016.

4.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied Basavraj G Patil 1/2

210.1549.17-caw that the Applicant has made out a case for allowing the present Civil Application.

5.

Hence, the following order:

a) Delay in making the Civil Application is condoned.

b) Abatement is set aside.

c) The applicant is permitted to bring the legal heirs on record of deceased petitioner No.1 in Writ Petition within four weeks 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, the Applicant is directed to serve an amended copy of the Writ Petition, on the Advocate for the other side, immediately thereafter.

e) Civil Application stands disposed of accordingly.

JUDGE Basavraj G Patil 2/2