Bhalchandra Vithal Koli (Decd) Through Lrs. And ORS v. Yeshwant Mahadeo Koli (Decd) Through Lr Ruturaj Koli And ORS

hcs c2461.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2461 OF 2015 IN WRIT PETITION NO.2845 OF 2013 Bhalchandra Vithal Koli (Decd.) Through LRs. & Ors.

.. Applicants.

Vs.

Yeshwant Mahadeo Koli (Decd.) Through LRs. Ruturaj Koli & Ors.

.. Respondents.

Mr. Ashutosh Gole for the Applicants.

Mr. Rohit Joshi i/b Gauri Godse for the Respondent No.1. Mrs. Bane AGP for the State.

CORAM : A.K. MENON, J.

DATED : 21ST OCTOBER, 2015 P.C. :

1.

This civil application is taken out for bringing on record the heirs and legal representatives of deceased respondent no.1a and for consequential amendments. Mr.Joshi, appearing for respondent no.1a opposed the civil application interalia on the ground of delay. The writ petition is admitted on 7th October, 1993. I am satisfied with the explanation provided in the civil application on the aspect of delay. In the circumstances the civil application is disposed of in the following terms :

(i) Civil application is allowed in terms of prayer clause (a) and (b). There will be no order as to the costs.

c2461.15 (ii) Respondent no.1a is at liberty to file the affidavit in reply to the petition, if he so desires.

(iii) Respondent no.1a submits that the name of respondent no.1a is incorrectly mentioned and that the name of respondent no.1a be corrected as Ruturaj Yashwant Thanekar. Accordingly, the petitioner shall carry out necessary amendment within a period of two weeks from today. The amended copy to be served forthwith thereafter upon the respondents. (iv) Civil application is disposed of in above terms. (A.K.MENON, J.)