Shri Mahadeo Kashinath Kole v. Shri Sadashiv Kashinath Kole And Others

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.1397/2015 IN SECOND APPEAL NO.442/2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. T. S. Ingale for the Applicant Mr. S. T. Bhosale i/b. Dilip Bodke for the Respondent Nos.3A to 3F.

CORAM : K. K. TATED, J.

DATE : SEPTEMBER 11, 2015 P.C.:

1.

Heard. This application is made by the Plaintiff for bringing legal heirs on record of deceased Respondent No.2 Suresh Kashinath Kole who died on 22/06/2015. The Civil Application is filed on 07/05/2015. Same is within time.

2.

Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application and as the Application is within time, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

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3.

Hence, the following order:

a) Civil Application is allowed in terms of prayer clause (a) which read thus:

(a) The names of Respondent No.2(A) to 2(C) be brought on record of this Second Appeal as the legal heirs and representatives of deceased Respondent No.2 and the title and record be permitted to amend accordingly.

b) The Applicant is directed to carry out appropriate amendment in the Second Appeal as well as pending Civil Application, if any, 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 within stipulated time as stated herein above, the Applicant is directed to serve amended copy on Respondents or their Advocate within two weeks thereafter.

d) Civil Application stands disposed of accordingly.

JUDGE 2/3

CERTIFICATE Certified to be true and correct copy of the original signed order.

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