Baban Maruti Padwal (Since Decd.) Through Lrs. And ORS. v. Shri. Harishchandra Anant Pandit And ANR.

11 caw2639-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2639 OF 2017 IN WRIT PETITION NO.3636 OF 2017 Baban Maruti Padwal since deceased through Lrs.

Vijay B. Padwal and Ors.

.. Petitioners V/s.

Harishchandra Anant Pandit since deceased through Lrs.

Subodh Harishchandra Pandit and Ors.

.. Respondents Mr.Prithviraj S. Gole I/b Ms.Anusha P. Amin for the applicant Mr.V.A.Patankar for the respondent

CORAM:

K.K. TATED, J DATED :

FEBRUARY 26, 2019 P.C. :

Heard.

By this Civil Application, Applicant is seeking permission to bring legal heirs on record of deceased sole Respondent who died on 28.03.2017.

The learned counsel for the legal heirs submit that they have no objection if Civil Application is allowed. Considering the submissions made by the learned Mohite 1/2

11 caw2639-17.doc counsel for the Applicant, the averments made in the Application and as advocate for legal heirs have no objection, 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 Respondent in Writ Petition No.3636 of 2017 on or before 22.03.2019, failing which the Civil Application shall stand dismissed without further reference to the court. b) If amendment is carried out within stipulated time as stated hereinabove, Applicant is permitted to serve amended copy of Writ Petition on Respondent's advocate immediately thereafter.

c) Civil application stands disposed off accordingly. (K.K. TATED, J.) Mohite 2/2