Kiritkumar Dayabhai Shah (Since Decd) Through Lrs. And ANR. v. Jayakishan Dayabhai Shah And ORS.

7 caw 1702-16=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 1702 OF 2016 IN WRIT PETITION NO. 3669 OF 2007 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Shivashankar Patil i/b Deepa Matwankar for the Applicant.

None for the Respondents.

CORAM : K. K. TATED, J.

DATED : 23/09/2016 P.C.:

.

Heard learned Counsel for the applicant.

Though, the respondents are duly served, no one appeared on behalf of them when the matter called out.

The learned counsel for the applicant makes a statement that copies of Civil Application are duly serve on respondents' Advocate. To that effect, he has filed affidavit of service dated 02.06.2016 in the Registry.

This Civil Application is for bringing legal heirs on record of deceased Petitioner No.1 Kirtikumar Dayabhai Shah who died on 25.07.2014. Considering the submissions made by the learned counsel for the Applicant and the averments Sneha Chavan 1/2

7 caw 1702-16=.doc made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

Hence, the following order:

a) Delay in preferring Civil Application is condoned.

b) Abatement is set aside.

c) Applicant is permitted to bring the legal heirs on record of deceased petitioner No.1 in Writ Petition No. 3669 of 2007.

d) Amendment to be carried out during the course of the day.

e) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2