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Bombay High CourtCAS/1500/2015allowed

Shri Narayan Shankar Patil And Others v. Shri Jagannath Janu Patil And Others

2016-08-26Hon'Ble Shri Justice R.D. Dhanuka2 pages

64-cas1500-15 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1500 OF 2015 IN SECOND APPEAL NO.154 OF 1994 Narayan S. Patil, since deceased through His L.Rs. - Smt.Narmada N. Patil & Ors. ...Applicants V/s.

Jagannath J. Patil & Ors.

...Respondents

Mr.Sandeep Mahadik for the Applicants.

Mr.Vijay Gharat for the Respondent Nos.3-a to 3-c and 4. CORAM : R.D. DHANUKA, J.

DATE : 26TH AUGUST, 2016.

P.C. :- 1.

Learned counsel appearing for the applicants states that the legal heirs and representatives of the respondent no.11 are served. None appeared for the legal heirs and representatives of the respondent no.11, though served.

2.

By this civil application, the applicants seek condonation of delay in filing the civil application, for setting aside the abatement and for bringing the legal heirs and representatives of the respondent no.11 on record.

3.

I have heard the learned counsel for the applicants and 1/2

64-cas1500-15 learned counsel for the respondent nos.3-a to 3-c and 4. 4.

For the reasons recorded in the civil application, the civil application is made absolute in terms of prayer clauses (a), (aa) and (b). The amendment to be carried out within two weeks from today. The amended copy of the second appeal shall be served upon the respondents including the newly added parties within two weeks from the date of carrying out amendment.

5.

No order as to costs.

(R.D. DHANUKA, J.) 2/2