Shri Eqbal Mahibub Shaikh Fakir v. Dhondiram Gangaram Warang (Decd) Through Lrs. Smt. Anusaya D. Warang (Since Decd) Lrs. And ORS.

1 CAW 2815-15 in WP 11053-14.doc-2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2815 OF 2015 IN WRIT PETITION NO.11053 OF 2014 Shri Eqbal Mahibub Shaikh Fakir.

] ... Applicant

Versus

Dhondiram Gangaram Warang ] (Since Deceased), Through Legal Heir - ] Smt. Anusaya Dhondiram Warang ] (Since Deceased), and Ors.

] ... Respondents Mr. Amit Palkar i/b Mr. Rajesh N. Kachare for Applicant. Mr. Sandip L. Babar for Respondent Nos.2 to 4. CORAM :- M. S. SONAK, J.

DATE :- DECEMBER 02, 2015 P. C. :- 1.

Leave to amend the Civil Application. Amendment to be carried out forthwith. By way of amendment, the applicant to indicate the quantum of delay in prayer clause (b). 2.

Considering the averments in Civil Application, case is made out to condone delay and set aside abatement subject to payment of Rs.2,000/- (Rupees Two Thousand Only). URS

2 CAW 2815-15 in WP 11053-14.doc-2 3.

Accordingly, the Civil Application is made absolute in terms of prayer clauses (a), (b) and (c) subject to the applicant paying costs of Rs.2,000/- to respondent nos.2 to 4 within a period of four weeks from today.

4.

Necessary amendment in the cause-title in the main petition to be carried out within a period of four weeks from today. 5.

Civil Application is disposed of.

(M. S. SONAK, J.) URS