Mrs. Anjali Anand Suryawanshi And ORS. v. Mr. Sanjay Jagannath Keni

2949.14-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.2949/2014 IN FIRST APPEAL NO.1798/2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mrs. A. Shareefamma for the Applicant CORAM : K. K. TATED, J.

DATE : JULY 10, 2015 P.C.:

1.

Heard. None for the Respondent though duly served. The learned counsel for the Applicant undertakes to file an affidavit of service within 2 weeks from today. Statement is accepted.

2.

This Application is for bringing legal heirs of deceased Appellant Kiran Anand Suryawanshi who died on 10/06/2013.

3.

Considering the submission made by the learned counsel for the Applicant and the averments made in the Civil Application, I am of the opinion that the Applicant has made out a case for allowing the Civil Application.

Basavraj G Patil 1/2

2949.14-caf 4.

Hence, following order is passed:

a.

Civil Application allowed in terms of prayer clauses (a) and (b) which read thus:

"(a) That the delay of 377 days in filing the Civil Application for bringing the legal heirs of deceased Appellant No.3 may be condoned.

(b) Delete the name of deceased Appellant No.3 and add the Applicant Nos.1 to 4 as Appellant No.3(a), Appellant No.3(b), Appellant No.3(c) and Appellant No.3(d) after the Appellant No.2 in the title of the appeal." b.

The Applicant to carry out appropriate amendment in the First Appeal as well as Civil Application within 6 weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court.

c.

If amendment is carried out, the Applicant to serve an amended copy of the appeal memo and the Civil Application on the Respondent or their advocate.

d.

Civil Application stands disposed of accordingly.

JUDGE Basavraj G Patil 2/2