Appa Shankar Aurange (Decd) Through Lrs And ORS. v. Jagannath Shankar Pawar

17.caw.2145.15.doc ingale

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2145 OF 2015 IN WRIT PETITION NO. 3868 OF 2006 Appa Shankar Aurange Since deceased through his heirs Ramdas Appa Aurange and others .. Applicants Vs.

Jagannath Shankar Pawar .. Respondent Mr.L.S.Gaikwad, Advocate for the Applicants.

Mr.K.P.Shah, Advocate for the Respondent.

CORAM :

R. G. KETKAR, J.

DATE : 14th AUGUST, 2015 P.C. :

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Heard Mr.L.S.Gaikwad, learned Counsel for the applicants and Mr.K.P.Shah, learned Counsel for the respondent. 2.

This is an application for bringing heirs and legal representatives of applicant No.1, since deceased, on record. Applicant No.1 - Appa Shankar Aurange died on 02/11/2014 leaving behind applicants No. 1(a) to 1(d). In paragraph 3, it is contended that advocate for respondent informed advocate for applicants that he came to know about death of applicant No.1. In paragraph 5, it is asserted that except applicant No. 1(d), other legal heirs namely 1(a) to 1(c) are already on record in their personal capacity. 1/2

17.caw.2145.15.doc 3.

In view thereof and for the reasons stated in the application, I am satisfied that applicants have made out a sufficient cause for condoning the delay. Hence, Civil Application is allowed in terms of prayer clauses (a), (b), (c) & (d) with no order as to costs. Amendment in the main Petition shall be carried out within 14 days from today. Order accordingly.

(R. G. KETKAR, J.) 2/2