Madivallappa Mallappa Khyade (Since Deceased Thr. Legal Heirs) v. Shanrappa Mallappa Khyade And ANR.

1207.15-cas FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.1207/2015 IN SECOND APPEAL NO.57/2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S. G. Kudle for the Applicant Mr. Manoj Badgujar i/b. T. D. Deshmukh for the Respondent Nos.1 and 2.

CORAM : K. K. TATED, J.

DATE : AUGUST 20, 2015 P.C.:

1.

Heard. This Application is preferred by the legal heirs of sole Defendant for joining them as Appellant in the Second Appeal No.57/2005 and for condonation of delay in filing the present 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:

a) Abatement is set aside.

Basavraj G Patil 1/2

1207.15-cas b) Delay in preferring the Civil Application is condoned.

c) The Applicant is permitted to join them as Appellant in the Second Appeal No.57/2005.

d) Amendment to be carried out within 6 weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court.

e) If amendment is carried out within stipulated time as stated herein above, the Applicant to serve an amended copy of the Second Appeal on the Respondent or their Advocate.

f) Civil Application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2