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

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.1501/2015 IN SECOND APPEAL NO.154/1994 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Arvind J. Joshi for the Applicant Mr. Vijay Gharat, for legal heirs of Respondent No.2.

Mr. Omkar V. Warange for Respondent Nos.1, 5 to 10 and 12.

CORAM : K. K. TATED, J.

DATE : OCTOBER 5, 2015 P.C.:

1.

Heard. This application is for bringing legal heirs on record of deceased Respondent No.2 Smt. Hirabai Hari Gharat who died on 19/10/2009.

2.

Mr. Gharat, Advocate submits that he received instructions to appear on behalf of legal heirs of deceased Respondent No.2. He undertakes to file vakalatnama within 2 weeks. Statement is accepted. He further submits that they have no objection if Civil Application is allowed.

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3.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application and as the Advocate for the legal heirs of deceased Respondent No.2 has no-objection, if Civil Application is allowed, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

4.

Hence, the following order:

a) Delay in making the Civil Application is condoned.

b) Abatement is set aside.

c) The Applicant is permitted to bring on record the legal heirs of deceased Respondent No.2 Smt. Hirabai Hari Gharat in Second Appeal within 4 weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court.

d) Civil application stands disposed off accordingly.

JUDGE 2/3

CERTIFICATE Certified to be true and correct copy of the original signed order.

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