Shri. Rayees Ahmed Shaikh And ORS v. Shri Padmakar Dattatray Kamerkar Dead Lr Smt Mani Padmakar Kamerkar And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1578 OF 2016 IN SECOND APPEAL NO. 828 OF 2006 Shri Rayees Ahmed Shaikh and Ors.

...

Applicants

IN THE MATTER BETWEEN :

Shri Shaikh Abdul Rafik and Ors.

...

Appellants

Versus

Padmakar Dattatray Kamerkar ...

Respondent Mr. B.G. Ligade i/b. Mr. Durpad Patil for the Applicants / Appellants. Ms.Seema Sarnaik for Respondent Nos. 1 /2 and 1/3. CORAM : S.J. KATHAWALLA, J.

DATED : 21 ST JULY, 2017 P.C.:

1.

Perused the above Civil Application. For the reasons set out in paragraphs 5 to 7 therein, the same is allowed in terms of prayer clauses (a) to (d), which are reproduced hereunder :

"(a) Civil Application be allowed.

(b) Delay of 167 days be condoned.

(c) The Hon'ble Court be pleased to permit the Applicants to bring on record the legal heirs of deceased Appellant No. 1 in Second Appeal No. 828 of 2006.

(d) The Applicants be permitted to amend the cause title of Second Appeal thereby deleting the name of deceased Appellant No. 1 and inserting the

Nitin 2 / 2 134-CAS-1578-2016.sxw names of Applicants as the legal heirs of said Appellant No. 1.

"

2.

Amendments to be carried out within a period of one week from today. 3.

Respondent Nos. 1/2 and 1/3 waive service.

4.

The above Second Appeal shall come up for hearing and final disposal in normal course.

5.

The above Civil Application is accordingly disposed off. ( S.J.KATHAWALLA, J. )