Thakuji Raghuji Bhoir (D/H) v. Dwarku Raghuji Bhoir

9 cas25-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.25 OF 2015 IN SECOND APPEAL NO.807 OF 2002 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.K.Y.Mandlik for the applicant None for the respondent

CORAM

: K.K.TATED, J.

DATED : 02/09/2015 PC:

Heard the learned counsel for the applicant.

Though respondents are duly served, no one appeared on behalf of the parties when the matter was called out.

This application is preferred by legal heirs of deceased sole appellant Thakaji Raghuji Bhoir who died on 18.12.2013.

Office note shows that Civil Application stands dismissed against respondent no.1A, Smt.Zumberabai Dwarku Bhoir as per the order dated 4.8.2015 passed by learned Registrar (Judicial-II).

Considering the submissions made by the Mohite 1/2

9 cas25-15.doc learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

a) Delay in preferring Civil Application is condoned.

b) Applicant is permitted to bring legal heirs on record of deceased sole appellant, Thakaji Raghuji Bhoir in Second Appeal No.807 of 2002 within 8 weeks from today, failing which Civil Application shall stand dismissed without referring back to the court.

c) If amendment is carried out within stipulated time as stated hereinabove, applicant to serve the amended copy of Appeal Memo on respondent or their Advocate thereafter.

d) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Mohite 2/2