Mr. Kamalakar Yashwant Patki, Through Poa Shri. Parag Kamalakar Patki v. Life Insurance Corporation Of India, Pune Division Office-I And ANR
16 caw2324-15 FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2324 OF 2015 IN WRIT PETITION NO.5391 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.Mohansinh Rajput for the petitioner Mr.Uday Warunjikar for the applicant CORAM : K. K. TATED, J.
DATE : SEPTEMBER 8, 2016 P.C.:
Heard the learned counsel for the applicant.
This application is for bringing legal heirs on record of deceased sole petitioner Kamlakar Yeshwant Patki who died on 14.4.2015. Civil Application is filed on 2.7.2015. Same is in time. The learned counsel for the applicant submits that during the pendency of the present Civil Application, wife of deceased petitioner Smt. Shalan Kamlakar Patki expired on 23.4.2016. He submits that legal heirs of deceased sole petitioner and wife are one and the same. He submits that applicant may be permitted to carry out appropriate amendment in Writ Petition No.5391 Mohite 1/2
16 caw2324-15 of 2014 by bringing legal heirs on record of sole petitioner.
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 present Civil Application. Hence, following order:
a) Applicant is permitted to bring legal heirs on record of deceased sole petitioner, Kamlakar Yeshwant Patki in Writ Petition No.5391 of 2014 within four weeks from today.
b) Applicant is permitted to delete the name of deceased Shalan Kamlakar Patki, wife of org. respondent petitioner and treat the other petitioner as legal heirs of her also.
c) If amendment is carried out within stipulated time as stated hereinabove, applicant is directed to serve amended copy of Writ Petition No.5391 of 2014 either on respondent or their advocate thereafter immediately.
d) Civil application stands disposed off accordingly.
JUDGE Mohite 2/2