Shri. Chandrarao Spadu Nikamthr. His Poa Holder Shri. Amol Ramkrishna Nikam v. Sau. Madhavi Manaklal Shinkar And ORS.

14.3329.18-caf.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.3329/2018 in First Appeal No.640/2016 Chandrarao S. Nikam ..... Applicant Basavraj G. Patil Vs.

Basavraj G. Patil Date: 2019.11.26 11:49:13 +0530 Madhvi Manaklal Shinkar & Ors.

..... Respondents Mr. Ashish Gabhale a/w. Ms. Khushbu Marwali I/b. M/s. Jay & Co. for the Applicant Mr. Ajit V. Alange I/b. Mahendra N. Sandhyanshiv for Respondent Nos.1 to 7.

CORAM:

K.K.TATED & SARANG V. KOTWAL,JJ.

DATED :

NOVEMBER 21, 2019 P.C.

Heard. By this Civil Application the Applicant is seeking permission to bring the legal heirs on record of deceased Respondent No.2 Anita Sanjay Bamb, who died on 26.07.2015.

Office note shows that the legal heirs of the deceased are duly served. In spite of that none appeared for them. Considering the submissions made by Applicant and the averments made in the Civil Application, we are satisfied that the Applicant has made out a case for allowing the Civil Application.

Basavraj G. Patil 1/2

14.3329.18-caf.odt Hence, following order is passed:

a.

Abatement is set aside.

b.

Delay in filing the Civil Application is condoned. c.

The Applicant is permitted to bring the legal heirs on record of deceased Respondent No.2 in the First Appeal on or before 19.12.2019, failing which the Civil Application shall stand dismissed without further reference to the court.

d.

If the amendment is carried out within stipulated time as stated hereinabove, the Applicant to serve an amended copy of the First Appeal on other side immediately thereafter, and file an Affidavit of Service.

e.

The Civil Application stands disposed of accordingly.

f.

No order as to costs.

(SARANG V. KOTWAL, J.) (K.K.TATED, J.) Basavraj G. Patil 2/2