The Municipal Corporation Of Greater Mumbai v. Shri. Loknath Mahadev Soni (Deceased Through His Legal Heirs)

10 caf 3640-14=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 3640 OF 2014 IN FIRST APPEAL (ST) NO. 732 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mrs. M.R. Bhoir for the Applicant/corporation. Mr. Sushil Upadhyay i/b A. M. Saraogi for the Respondent.

CORAM : K. K. TATED, J.

DATED : 08/07/2015.

P.C.:

.

Not on board. At the request of Advocate for the applicant, matter is taken on board.

This Application is for bringing legal heirs on record of deceased sole respondent, who died on 02.03.2014.

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.

Hence, the following order:

i) Delay of 55 days in filing the Civil Application is condoned.

ii) Applicant is permitted to bring legal Sneha Chavan 1/2

10 caf 3640-14=.doc heirs on record of deceased sole respondent Loknath Mahadev Soni in First Appeal as well as pending Civil Application within four weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court. iii) If legal heirs are brought on record within stipulated time as stated hereinabove, appellant is directed to served amended copy of First Appeal and pending Civil Applications, if any on respondents' Advocate thereafter.

iv) The learned counsel for the respondent waives service for added respondents in First Appeal (St) no. 732 of 2014.

v) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2