Govind Balu Landage (Deceased Thr. Legal Heirs) 1 Smt. Sitabai Govind Landage v. Smt. Muktabai W/O. Bandu Landage (Deceased Thr. Legal Heirs) Namdeo Bandu Landage And Others

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.1037/2014 IN SECOND APPEAL NO.1112/2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Amit Sale for the Applicant Mr. Sarthak Diwan i/b. A. M. Kulkarni for the Respondent Nos.1 to 9.

CORAM : K. K. TATED, J.

DATE : SEPTEMBER 16, 2015 P.C.:

1.

Heard. This application is for bringing legal heirs on record of deceased Respondent No.9 Gangaram Bhiwa Landage (Mali) who died on 09/07/2013 and for condonation of delay in making the Civil Application.

2.

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.

3.

Hence, the following order:

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a) Civil Application is allowed in terms of prayer clause (b), (c) and (d) which reads thus: (b) This Hon'ble Court be pleased to allow this Application and permit the Applicants to bring on record Respondent No.9(a) to (d) as legal heirs and representatives of the Respondent No.9.

(c) This Hon'ble Court be pleased to condone the delay of 283 days in filing the present Civil Application.

(d) This Hon'ble Court be pleased to set aside the order of abatement dated 13/06/2014 passed by the learned Registrar (Judicial-II) of this Hon'ble Court.

b) The Applicant to carry out appropriate amendment within 6 weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court.

c) If amendment is carried out within stipulated time as stated herein above, the Applicant to serve a copy of the appeal memo along with pending Civil Application, if any, on the Respondent or their Advocate, immediately.

d) Civil Application stands disposed off accordingly.

JUDGE 2/3

CERTIFICATE Certified to be true and correct copy of the original signed order.

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