Sou. Damyanti Dnyaneshwar Garud And ANR v. Shri Popat Haribhau Choudhari And ORS

7-caast21102-16 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (STAMP) NO.21102 OF 2016 IN APPEAL FROM ORDER (STAMP) NO.28810 OF 2015 Damyanti D. Garud & Anr.

...Applicants V/s.

Popat H. Choudhari & Ors.

...Respondents

Mr.Ashok Tajane for the Applicants.

Mr.Ditendra Mishra for the Respondent No.1.

CORAM : R.D. DHANUKA, J.

DATE : 16TH SEPTEMBER, 2016.

P.C. :- 1.

Not on board. Taken on board.

2.

I have heard the learned counsel appearing for the applicants and the respondent no.1, who is the contesting respondent. The applicants have made out a case for condonation of delay of 114 days in filing the civil application and bringing the legal heirs and representatives of the respondent no.4 on record. It is not in dispute that the legal heirs and representatives of the respondent no.4 are already on record before the trial Court. 3.

For the reasons recorded in the civil application, the civil application is made absolute in terms of prayer clauses (a) and (b). 1/2

7-caast21102-16 The amendment to be carried out within one week from today. The amended copy of the civil application shall be served upon the newly added parties within one week from the date of carrying out amendment. The other respondents shall be also served the amended copy of the appeal from order simultaneously. 4.

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

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