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Bombay High CourtCAW/1846/2016

Mukesh Lahoo Khadpe And ORS v. Smt.Mankabai Vasant Govekar Alias Mayekar (Decd) Through Lrs.

2017-07-25Hon'Ble Shri Justice G. S. Kulkarni2 pages

Muj 903-caw-1846-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1846 OF 2016 WITH CIVIL APPLICATION NO. 1534 OF 2016 IN WRIT PETITION NO. 4257 OF 1998 Mukesh Lahoo Khadpe and Ors ...Applicants

Versus

Manekabai Vasant Govekar (Deceased) by LRS

...Respondents

Ms. Trupti Khaniwadekar I/b. Mr. R.R. Arolkar for the Applicants.

Mr. L.D. Palekar I/b. Mr. D.T. Palekar for the Respondents.

CORAM:

G.S. KULKARNI, J.

DATED:

25th July, 2017 PC:- 1.

Heard learned counsel for the applicants. The office remark indicates that, the respondents are served in Civil Application No.1534 of 2016. The prayer is to bring on record the legal heirs of original petitioner nos.1 and 2 who have expired, who are stated to be already brought on record. The applicants accordingly in this application seek deletion of the names of Smt. Poonam Lahoo

Muj 903-caw-1846-2017.doc Khadpe (petitioner no.1) and Nilesh Lahoo Khadpe (petitioner no.2) from the cause title.

2.

For the reasons as set out in both these applications, the prayer is required to be granted in view of both these petitioners have been expired. Accordingly, the applicants are permitted to carry out necessary amendments in the cause title of the petition by deleting the names of petitioner no.1, Poonam Lahoo Khadpe and petitioner no.2, Nilesh Lahoo Khadpe. Amendment to be carry out within a period of two weeks from today. The amended copy be served on the respondents. Civil Applications are accordingly disposed off in the above terms. No costs. Office is directed to list this petition on the final hearing board in the week commencing from 07/08/2017.

3.

At this stage, learned counsel for the applicants states that, respondent no.1C has expired and she would take appropriate steps to bring the legal heirs on record. If such civil application is filed, the same be listed before the petition is listed for final hearing.

(G.S. Kulkarni, J.)