Santosh Bhanudas Pathare v. Machhindra Sitaram Pathare Pathare

ppn 1 20.cas-1576.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1576 OF 2016 in SECOND APPEAL NO.741 OF 1997 Santosh Bhanudas Pathare ..

Applicant (prop. Appellant no.2.) In the matter between Bhanudas Vishnu Pathare ..

Appellant Vs.

Machhindra Sitaram Pathare & Ors.

..

Respondents --- None for the Applicant.

Mr.Sanjay Gunjkar i/by Mr.Jaydeep Deo for the Respondent no.1. --- CORAM : R.D. DHANUKA, J.

DATE : 15th October 2016 P.C.

.

By this civil application, the applicant seeks impleadment as parties in place of original appellant who had expired on 22nd March 2015.

2.

I have perused the averments made in the civil application. For the reasons recorded in the civil application, the delay of 68 days in filing the civil application is condoned. Abatement, if any, is set aside. Leave to amend is granted. The applicants are allowed to be impleaded as parties in place of original appellant. Amendment to be carried out within two weeks from today. Amended copy shall be served upon the learned advocate representing the respondents simultaneously. Civil application is disposed of in aforesaid terms. No order as to costs. R.D. DHANUKA, J.