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Bombay High CourtCAS/143/2016allowed

Shri Shamrao Vishnu Patil v. Shri Pandu Rama Dhor (Decd.) By His Lrs. Shyamrao S/O Pandu Shinde (Dhor) And ORS.

2016-09-19Hon'Ble Shri Justice R.D. Dhanuka1 pages

kvm 1/1 14-CAS143.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.143 OF 2016 IN SECOND APPEAL NO.200 OF 1993 Shamrao Vishnu Patil ..... Applicant

VERSUS

Pandu Rama Dhor, Since deceased through legal heirs and representatives & Ors.

..... Respondents Ms.Rekha Musale, i/b. Ms.Varsha Palav for the Applicant. Mr.Ketan Joshi, i/b. Mr.Sanjiv Sawant for the Respondent no.1B. CORAM :

R.D. DHANUKA, J.

DATE :

19th SEPTEMBER, 2016 P.C.

By this civil application, the applicant seeks condonation of delay in filing civil application and for bringing the legal heirs of the respondent no.1(E) on record. No affidavit in reply is filed by the respondents. I have heard learned counsel appearing for the parties and I have perused the record. In my view, the case is made out for condonation of delay and seeking amendment to the second appeal.

2.

For the reasons recorded in the civil application, delay in filing civil application is condoned. The applicant is allowed to carry out amendment in terms of prayer clause (b) within two weeks from today. Civil application is made absolute in the aforesaid terms. No order as to costs. [R.D. DHANUKA, J.]