Smt. Sonabai Baburao Gaikwad (Decd) Through Lrs. And ANR. v. Krishna Hari Pawar (Dhan) (Decd) Through Lrs. And ORS.

DSS 39-caw-2772-15 in wp-3979-01.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2772 OF 2015 IN WRIT PETITION NO. 3979 OF 2001 Smt. Sonabai B. Gaikwad (deceased) through L.R.s and anr.

.. Applicants In the matter between Krishna H. Pawar (Dhan) deceased through L.Rs. and ors.

.. Petitioners vs.

Smt. Sonabai B. Gaikwad (since deceased through L.Rs. And ors.) .. Respondents --------------------------------------------------------------------------------------------------- Office Notes, Office memorandum of Coram, appearance, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

None present for the Applicants.

Mr. K.P. Shah for the original Petitioners.

CORAM :

M. S. SONAK, J.

DATE : 23 NOVEMBER 2015.

P.C. :- 1] Although, the Applicants in this civil application have applied for condonation of delay, there is really no delay on their part. Therefore, there is no question of condonation of delay.

2] The original Respondent No.2, i.e., Girijappa T. Gaikwad died on 6 November 1990. The original Petitioners, did not take any steps in this matter as Arvind G. Gaikwad was already on record. In fact, it was the duty of the 1/2

DSS 39-caw-2772-15 in wp-3979-01.doc Petitioners, who have made enquiries and taken steps to bring the remaining legal representatives of Girijappa Gaikwad on record. Be that as it may, the legal representatives of Girijappa Gaikwad have, by this Civil Application, applied that they be brought on record. In the application, they have set out that they are the children of late Girijappa Gaikwad. Necessary service have also been annexed. In such circumstances, this Civil Application is allowed. The original Petitioners to carry out the necessary amendments to the petition within a period of two weeks from today in order to bring on record the legal representatives indicated in the Civil Application. The Civil Application is therefore, made absolute in the aforesaid terms and disposed of as such.

3] The original Petitioners to take steps to serve the newly impleaded parties. If, Mr. R.S. Deshpande, who has filed this Civil Application is ready to waive notice on behalf of such parties, then, the Petitioners shall be at liberty to serve copies upon the Advocate Mr. R.S. Deshpande.

(M. S. SONAK, J.) 2/2