Smt. Mandakini Pandurang Hazare v. Smt. Pushpa Purushottam Telrandhe

506.3148.19-caf.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.3148/2019 in First Appeal (ST) No.20973/2018 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms. Gauri Memon a/w. Mr. Huzeta Khokhawala I/b. Nankani Associates for the Applicant Mr. Rakesh Kumar a/w. Ms. Kajal Thallaballi I/b. M/s. Legal Vision for the Respondent CORAM: K.K.TATED, J.

DATED : SEPTEMBER 18, 2019 P.C.

Pursuant to the praecipe filed by the learned counsel for the Applicant, the matter is taken on production board.

The learned counsel for the Applicant submits that the original Appellant Pandurang Jairamji Hazare died on 01.06.2019. He submits that they filed the Civil Application on 30.07.2019 i.e. within time. He submits that in the interest of justice, this Hon'ble Court be pleased to allow the Applicant to bring the legal heirs of the deceased sole Appellant on record in the First Appeal as per the schedule annexed to the Civil Application page No.6.

Basavraj G. Patil 1/2

506.3148.19-caf.odt Considering the submissions made by the learned counsel for the Applicant and as the application filed is within time, I am satisfied that the Applicant has made out a case for allowing the Civil Application.

Hence, following order is passed:

a.

The Applicant is permitted to bring the legal heirs on record of deceased sole Appellant in the First Appeal and pending Civil Application, if any, on or before 11.10.2019, failing which the Civil Application shall stand dismissed without further reference to the court.

b.

If amendment is carried out within stipulated time as stated hereinabove, the Applicant is directed to serve the added Respondent along with entire proceedings, either by registered post AD and/ or by hand delivery and file an affidavit of service to that effect on or before 08.11.2019.

c.

The Civil Application stands disposed of accordingly.

d.

Place the First Appeal on board on 11.11.2019, for directions.

(K.K.TATED, J.) Basavraj G. Patil 2/2