Smt. Usha Rupabhai Parmar v. Shri. Ladkya Mangalya Gangda And ORS

26 cawst18666-16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST). NO.18666 OF 2016 IN WRIT PETITION NO.2475 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.K.P.Shah for the applicant Mr.Rohit Joshi i/b Ms.Gauri Godse for the respondent nos.1, 2, 3A to 3D CORAM : K. K. TATED, J.

DATE : JULY 11, 2016 P.C.:

Heard the learned counsel for the parties.

This application is for bringing legal heirs on record of deceased respondent no.3, Sitabai Gopal Kharpude who died.

The learned counsel for the respondent submits that he received instruction from the legal heirs of deceased respondent no.3 to appear and file Vakalatnama. Same is accepted. He further submits that he has no objection if Civil Application is allowed.

Considering the submissions made by the Mohite 1/2

26 cawst18666-16 learned counsel for the Applicant, the averments made in the Application and as advocate for legal heirs of deceased respondent no.3 have no objection for allowing the Civil Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

a) Delay in preferring Civil Application is condoned.

b) Abatement is set aside.

c) Applicant is permitted to bring legal heirs of deceased respondent no.3, Sitabai Gopal Kharpude in Writ Petition No.2475 of 2014 during the course of the day.

d) The learned counsel for legal heirs of deceased respondent no.3 waives service in Writ Petition No.2475 of 2014.

e) Civil application stands disposed off accordingly.

JUDGE Mohite 2/2