Bhimaji Yamaji Bhadale (Thr. Poa Shri. Vishwas Bhimaji Bhadale) v. Sahebrao Dada Konde (Deceased) And ORS
911.CAS.1847.17 FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1847 OF 2017 IN SECOND APPEAL NO. 584 OF 2007 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr. Ajinkya Udane I/by. Tanaji Mhatugade for Applicant.
------- CORAM : K. K. TATED, J.
DATE : DECEMBER 14, 2017 P.C.:
.
Heard learned Counsel Mr. Udane for Applicant.
2.
This Civil Application is for bringing on record the legal heirs of sole Appellant - Shri Bhimaji Yamaji Bhadale, who died on 23rd June, 2016. The Civil Application is filed on 7th August, 2016 i.e. within limitation period.
3.
Considering the submission made by the learned Counsel for Applicant and the reasons disclosed in Civil Application and as the Application is filed within limitation period, I am satisfied that Applicant has made out a case for allowing the Civil Application. Hence, the following order.
Yadav VG 1/2
911.CAS.1847.17
ORDER
(A) Civil Application is allowed in terms of prayer clause (a) which read thus :
"(a) That this Hon'ble Court may be pleased to allow the Applicant hereinto bring the legal heirs of deceased Appellant viz. Shri Bhimaji Yamaji Bhadale on record as per the details given in paragraph no. 4 of this Civil Application and be pleased to allow the Applicant herein to make the necessary amendment in the cause title of the present Second Appeal No. 584 of 2007."
(B) Applicant to carry out amendment in Second Appeal and Civil Application on or before 12th January, 2018, failing which, Civil Application shall stand dismissed without reference back to the Court.
(C) If amendment is carried out within stipulated time as stated herein above, Applicant to serve the copy of amended Second Appeal on the other side.
(D) Civil Application stands disposed of accordingly.
(K.K.TATED, J.) Yadav VG 2/2