Gablu A. Talawade And ANR. v. Jaywant D. Khape And ANR.

hcs c2773.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2773 OF 2015 IN WRIT PETITION NO.749 OF 1998 Gablu A. Talawade & Anr.

.. Applicants.

Vs.

Jaywant D. Khape & Anr.

.. Respondents.

Mr. Prafulla Shah for the Applicants.

Mr. Aashish Pawar i/b Mr. Manoj Patil for the Respondent No.1. Mr. Chetan Patil for Respondent Nos.2A to 2E. CORAM : A.K. MENON, J.

DATED : 14TH OCTOBER, 2015 P.C. :

1.

This civil application is taken out for bringing on record the heirs of deceased respondent no.2 on record i.e. respondent nos.2A to 2E in this civil application. The learned counsel appearing on behalf of the heirs of deceased respondent no.2 undertakes to file Vakalatnama within a period of one week from today.

2.

The petition is filed in the year 1998 which is admitted and remains pending. Respondent No.2 has expired on 14th February, 2000. However, this fact was not to knowledge of the petitioner and he submits that he has taken out civil application as soon as possible practically after coming to learn of demise of respondent no.2.

c2773.15 3.

In the circumstances it is prayed that delay in making the application may be condoned. Having perused the civil application, I am satisfied that the civil application deserves to be allowed and the following order is passed :

The delay in taking out the civil application is condoned. Respondent Nos.2A to 2E shall be added as party respondents in the petition. Amendment to be carried out within one week. Amended copies of the petition to be served upon all the parties.

(A.K.MENON, J.)