The United India Insurance Co. Ltd. v. Jaywant Dhondu Kargutkar And ORS.

3 caf4864-13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4864 OF 2013 IN FIRST APPEAL NO.834 OF 2004 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.S.R.Singh i/b Ms.Bhavana Bhatt for the applicant Mr.Sagar Joshi i/b Mr.S.M.Oak for the respondent

CORAM

: K.K.TATED, J.

DATED : 17/06/2015 PC:

Heard the learned counsel for the parties.

This application is preferred by Insurance Company for bringing legal heirs on record of original claimant i.e. respondent nos.1 and 2 who died on 14.3.2013 and 29.5.2008 respectively. The learned counsel for the legal heirs submit that they have no objection if present Civil Application is allowed.

Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application and as advocate for legal heirs of deceased respondent has no objection, I Mohite 1/2

3 caf4864-13.doc am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

A) Civil Application is allowed in terms of prayer clause (a), (b) and (c) which read thus:

"(a) The petitioners/appellants above named be granted 'leave' to amend the Title of the First Appeal and proceedings deleting the name of Respondent No.1 Mr.Jatwant Dhondu Kargutkar and Respondent No.2 Smt.Jatwanti Jaywant Kargutkar and bringing the legal heir on record Shri Dhondu Jaywant Kargutkar."

B) Amendment be carried out within two weeks from today.

C) Civil application stands disposed off accordingly.

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