Jasota Hundraj Gurnani (Since Decd) Through Lrs. And ANR. v. Ramakant Madhusudan Tipnis And ORS.

3.160.16-caw FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.160/2016 IN WRIT PETITION NO.8502/2010 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S. D. Paithane for the Applicant Mr. Ketan Parekh i/b. K. R. Parekh & Co. for the Respondent Nos.3 and 4.

CORAM : K. K. TATED, J.

DATE : MARCH 10, 2016 P.C.:

1.

Heard. The learned counsel for the Applicant submits that he already filed Affidavit of service in the Registry. Statement is accepted.

2.

This application is for bringing legal heirs on record of deceased Applicant No.1 Jasota Hundraj Gurnani who died on 08/02/2014. The learned counsel for the Applicant submits that the Applicant No.2 is legal heir of deceased Applicant No.1. He submits that in the interest of justice, this Hon'ble Court be pleased to allow the Civil Application and delay in taking out the same be condoned.

Basavraj G Patil 1/2

3.160.16-caw 3.

Considering the submissions made by the learned counsel for the Applicant and as the legal heir of deceased Applicant No.1 is already on record as Applicant No.2, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

4.

Hence, the following order:

a) Delay in making the Civil Application is condoned.

b) Abatement is set aside.

c) The Applicant is allowed to bring on record the legal heir of deceased Applicant No.1 in present Writ Petition.

d) Amendment to be carried out during course of the day.

e) The Applicant is directed to serve an amended copy of the Writ Petition on other other side thereafter immediately.

f) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2