Union Of India ( Through Deputy Salt Commissioner) And ORS. v. Smt. Nandabai Shantaram Dhawade (Being Lr Of Shri Laxman Ramdas Patil)

59-cas1294-16 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1294 OF 2016 IN SECOND APPEAL NO.379 OF 2010 Union of India ...Applicant V/s.

Nandabai S. Dhawada & Ors.

...Respondents

Mr.S.R. Rajguru with Ms.Jyotsna Pandhi for the Applicant. Mr.M.G. Patil, A.G.P. for the Respondent No.85. CORAM : R.D. DHANUKA, J.

DATE : 14TH DECEMBER, 2016.

P.C. :- 1.

Mr.Rajguru, learned counsel appearing for the applicant states that all the respondents in this second appeal are served. None appeared for the respondents, except respondent no.85. No affidavit in reply has been filed.

2.

I have heard the learned counsel for the applicant and have perused the averments made in the civil application. The applicant has made out a case for condonation of delay in filing the civil application.

3.

It is the case of the applicant that the applicant could not comply with the order dated 13th June, 2014 passed by this Court in 1/2

59-cas1294-16 view of the fact that the addresses of some of the legal heirs who have been brought on record, were not made available by the respondents.

4.

I therefore, pass the following order :- a).

The civil application is made absolute in terms of prayer clauses (a) and (b).

b).

The respondent no.82 is directed to furnish the address of the legal heirs, who have been incorporated as the respondents as per the amendment carried out on 21st January, 2014 to the applicant within eight weeks from today.

c).

The applicant shall comply with the order dated 13th June, 2014 within four weeks from the date of the respondent no.82 furnishing the address of the legal heirs.

5.

The civil application is disposed of in aforesaid terms. No order as to costs.

(R.D. DHANUKA, J.) 2/2