M/S . Cosmopolitan-1 (Safal Complex) Co-Op Hsg . Soc. And ORS v. Mr. Rakesh Talwar And ORS.

spb/ 24ca1686-18wp10183-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1686 OF 2018 IN WRIT PETITION NO. 10183 OF 2018 WITH Writ Petition No. 10183 of 2018 M/s. Cosmopolitan­ A (Safale Complex) ... Applicants/ Co­operative Housing Society Ltd., & Ors.

Petitioners.

V/s.

Rakesh Talwar & Ors.

... Respondents.

And 3A. Gayathri Suryanarayanan ... Proposed ­ Respondent No. 3A.

­­­ Ms. Archana Shelar, Advocate i/by Mr. Avinash H. Fatangare, for the Applicants/ Petitioners.

Mr. S. S. Patwardhan, Advocate for the Respondent Nos. 1, 2, 4, 5 & 6.

Mr. S. D. Rayrikar, AGP for the State - Respondent Nos. 7 & 8. ­­­ CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : JANUARY 09, 2019.

PC :

Heard the learned counsel for the parties.

By this civil application, the Applicants have sought to condone the delay in filing the application for Borey 1/2

spb/ 24ca1686-18wp10183-18.odt setting aside abatement and to bring on record the legal representatives of the deceased Respondent No. 3. Mr. Patwardhan, the learned counsel, waives service on behalf of legal representatives of Respondent No.3. He has given no objection to condone the delay and set aside the abatement and to bring on record the legal representatives of the deceased respondent no.3.

In the light of the above, the civil application is allowed. Delay is condoned. Abatement set aside. Legal representatives of the deceased respondent no. 3 be brought on record and the cause title of Writ Petition No. 10183 of 2018 be amended accordingly.

Writ petition be listed on board on 23.01.2019. Till then, ad­interim order dated 14.02.2018 passed in the petition to continue.

Civil application is disposed of in the above terms. (SMT. ANUJA PRABHUDESSAI, J.) .....

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