Shri Ramesh Baban Navale And ORS. v. Shri Budha Laxman Nangare And ORS.

pr5 caw2480-16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2480 OF 2016 IN WRIT PETITION NO.9782 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.D.S.Mhaispurkar for the applicant Mr.S.B.Kalel, A.G.P. for the State CORAM : K. K. TATED, J.

DATE : SEPTEMBER 19, 2016 P.C.:

Not on board. At the request of Advocate for the applicant, matter is taken on board for urgent orders.

Heard the learned counsel for the applicant.

This application is for bringing legal heirs on record of deceased respondent no.1, Shri Budha Laxman Nangare who died on 20.8.2016.

The learned counsel for the applicant submits that Writ Petition No.9782 of 2016 was on board before this court on 19.8.2016. At that time, this court issued notice to the other side and also permitted applicant to serve the respondent by private notice either by Registered Post A/D and Mohite 1/2

pr5 caw2480-16 also by hand delivery. He submits that thereafter they learnt that the son of the deceased respondent no.1 filed caveat dated 3.9.2016. He submits that present application is filed within time.

Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application and as application is filed within time, I am satisfied that the Applicant has made out a case for following order:

a) Applicant is permitted to bring legal heirs on record of deceased respondent no.1, Shri Budha Laxman Nangare in Writ Petition No.9782 of 2016 b) Applicant is permitted to serve added respondent, copy of Writ Petition No.9782 of 2016 either by registered post A.D. and/or by hand delivery and file Affidavit of Service to that effect. c) Civil application stands disposed off accordingly.

JUDGE Mohite 2/2