Kisangir Shankargir Gosavi (Since Decd.) Through Lrs. v. Nana Mahadu Pagare And ORS.

(49) caw­188.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.188 OF 2019 IN WRIT PETITION NO.2178 OF 2016 Kisangir Shankargir Gosavi since deceased through legal heirs Smt. Vatsalabai Kisangir Gosavi & ors.

: Applicants/Petitioners versus Nana Mahadu Pagare and ors.

: Respondents.

Mr. Mohit Shamdasani I/by Mr. Rahul D Motkari for the Applicants.

CORAM:

K.K. TATED, J DATED :

FEBRUARY 01, 2019 P.C. :

Heard the learned counsel Mr. Mohit Shamdasani appearing for the Applicants.

The learned counsel for the Applicants submits that by this Civil Application they are seeking permission to bring the legal heirs on record of the deceased Petitioner - Kisangir Shankargir Gosavi who died on 19/07/2017. He submits that the Civil Application is filed on17/08/2017 i.e. within time. Considering the submissions made by the learned counsel for the Applicants and the grounds mentioned in the present Civil Application and as the Civil Application is filed within time, I satisfy that the Applicants have made out a case. Hence the following order is passed :­ lgc

(49) caw­188.19.doc a.

The Applicants are permitted to bring themselves on record as the legal heirs of the deceased Petitioner in Writ Petition No.2178 of 2016 on or before 28/02/2019, failing which the Civil Application shall stand dismissed without further reference to the Court.

b.

If the amendment is carried out within stipulated time, the Applicants are directed to serve amended copy of the Writ Petition on the other side immediately thereafter.

c.

The Civil Application stands disposed of accordingly. d.

No order as to costs.

(K.K. TATED, J.) lgc