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Bombay High CourtCAW/1802/2015disposed off

Bajirao Jaywant Hambir And ORS v. Sahebrao Kisan Hambir

2016-08-09Registrar (Judicial - Iwp)2 pages

7 caw1802-15 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1802 OF 2015 IN WRIT PETITION NO.4826 OF 2011 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Sachin Chandan for the applicant Mr.Sachin Mhatre i/b Mr.S.S.Kulkarni for the respondent nos.1A to 1F(5) CORAM : K. K. TATED, J.

DATE : AUGUST 9, 2016 P.C.:

Heard the learned counsel for the parties.

This application is for bringing legal heirs of sole respondent, Sahebrao Kisan Hambir.

Advocate for the applicant submits that legal heirs of respondent are already brought on record in the Trial Court. He submits that by mistake it remained to bring the same on record in the present Writ Petition. Hence, the present Civil Application.

The learned counsel for the legal heirs of deceased respondent submit that they have no objection if appropriate amendment is carried out in cause title of Writ Petition.

Mohite 1/2

7 caw1802-15 Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application and as advocate for legal heirs have no objection, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order: A) Applicant is permitted to carry out appropriate amendment in Writ Petition No.4826 of 2011 by bringing legal heirs on record of sole respondent within four weeks from today.

B) If amendment is carried out within stipulated time as stated hereinabove, applicant is directed to provide amended copy of Writ Petition to the respondent's advocate immediately thereafter. C) Civil application stands disposed off accordingly.

JUDGE Mohite 2/2