Shri. Namdeo Mansing Rathod v. The State Of Maharashtra And ANR

33.1566.17-caw FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1566/2017 IN WRIT PETITION NO.6621/2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S. S. Lankee for the applicant Mrs. M. S. Bane, "B" Panel Counsel for respondent Nos.1 and 2.

CORAM : K. K. TATED, J.

DATE : JULY 19, 2017 P.C.:

1.

Heard. This application is made by the legal heirs of deceased sole petitioner for joining them as party petitioner in place of the original petitioner as he died on 17.12.2016.

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

33.1566.17-caw b.

Delay in making the Civil Application is condoned.

c.

The applicant is permitted to carry out appropriate amendment in the cause title of the Writ Petition by joining all legal heirs of the deceased sole petitioner as party petitioner within four weeks from today, failing which the Writ Petition shall stand dismissed without further reference to the court.

d.

If amendment is carried out within stipulated time as stated hereinabove, the Applicant is directed to serve an amended copy of the Writ Petition on the Advocate for the Respondents, immediately thereafter.

e.

Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2