Shri. Shivaji Ananda Avhad v. Sonabai Jagannath Avhad And ORS.

18 caw1767-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1767 OF 2018 IN WRIT PETITION NO.5863 OF 2016 Shivaji Ananda Avhad .. Petitioner V/s.

Sonabai Jagannath Avhad and Ors.

.. Respondents Ms.Sneha G. Sanap for the applicant Mr.Krishna K. Holambe-Patil for the respondent nos.4 and 13

CORAM:

K.K. TATED, J DATED :

FEBRUARY 6, 2019 P.C. :

Heard.

By this Civil Application, applicant is seeking to bring legal heirs on record of deceased respondent no.9, Parvatabai Dattatraya Bodke who died on 28.02.2019.

The learned counsel Mr.Krishna K. Holambe-Patil submits that he received instruction to appear on behalf of legal heirs of deceased respondent no.9. He submits that he undertakes to ?le Vakalatnama on behalf legal heirs of deceased Respondent no.9 in Writ Petition No.5863 of 2016. Same is accepted. Mohite 1/2

18 caw1767-18.doc Considering the submissions made by the learned counsel for the applicant, the averments made in Civil Application and as advocate for legal heirs of deceased respondent no.9 has no objection, following order is passed:

a.

Delay in ?ling Civil Application is condoned. b.

Applicant is permitted to bring legal heirs on record of deceased respondent no.9, Parvatabai Dattatraya Bodke in Writ Petition No.5863 of 2016 on or before 08.03.2019 failing which Civil Application shall stand dismissed without referring back to the court.

c.

If amendment is carried out within stipulated time as stated herein above, applicant is directed to provide amended copy of Writ petition No.5863 of 2016 to other side immediately thereafter on or before 22.03.2019 and ?le af?davit of service to that effect.

d.

Civil Application stands disposed of accordingly. e.

Applicant is permitted to carryout appropriate amendment in cause title of Writ Petition by providing present correct address of respondent nos.1 to 5.

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