Ramchandra Ganapat Sawant And Others v. Subhash Shivaji Sawant And Others

34 cas1609-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1609 OF 2014 IN SECOND APPEAL (ST) NO.32707 OF 2013 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Sanskar Marathe for the applicant Mr.Keshav Borhade for the respondent nos.1A to 1D

CORAM

: K.K.TATED, J.

DATED : 24/08/2015 PC:

Heard the learned counsel for the parties.

This application is for bringing legal heirs on record of deceased respondent no.1, Subhash Shivaji Sawant, who died on 19.1.2014.

The learned counsel for the legal heirs of deceased respondent no.1 submits that they have no objection if Civil Application is allowed. Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application and as Advocate for legal heirs of respondent no.1 have no objection, following order is passed:

a) Delay in preferring Civil Application is Mohite 1/2

34 cas1609-14.doc condoned.

b) Abatement is set aside.

c) Liberty granted to the applicant to bring legal heirs on record of deceased respondent no.1 in Second Appeal as well as pending Civil Application if any, within six weeks from today, failing which Civil Application shall stand dismissed without referring back to the court.

d) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Mohite 2/2