Mr. Charles Anton Brako (Since Deceased) Through His Lrs. Hilda C.Brako Deceased Cecil Victor Brako v. The State Of Maharashtra Through The Ministry Of Revenue, Mantralaya

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4258 OF 2016 IN FIRST APPEAL NO. 639 OF 2016 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : R.M. Joshi.

I/c. REGISTRAR (JUDL-II) Date : 16/01/2017 Advocate for Appellant present.

Advocate for Respondent Nos. 3 and 4 present. By this application Appellant No. 2 is seeking deletion of name of Appellant No. 1 and substituting her own name as the guardian of Appellant No. 5. The Application shows that the Appellant No. 1 Ms. Hilda Charles Brako was representing Appellant No. 5 Keith John Brako as his next friend and mother. Appellant No. 1 died on 10.07.2016. True copy of the Death Certificate is filed alongwith application. It is claimed that legal representatives of Appellant No. 1 are already on record. All the respondents are served. Learned Advocate for Respondent Nos. 3 and 4 records her no objection for substituting Appellant No. 2 as guardian of Appellant No. 5. Respondent Nos. 1 and 2 though were served have not raised any objection for the said appointment. Copy of Certificate of appointment of guardianship dated 23.12.2015 shows that guardian is appointed for Mr. Howard Brako.

In view of the above, Civil application is allowed being uncontested. The name of Appellant No. 1 is deleted. The Appellant No. 2 is appointed as Guardian of Appellant No. 5 ad-litem. The necessary amendment be carried out within 4 weeks.

I/c. Registrar (Judl.-II)