Pandurang Vithal Darwatkar Since Deceased v. Smt Gangubai Vithal Nalawade Sinde Deceased

5.1586.15-cas FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.1586/2015 IN SECOND APPEAL NO.467/1994 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Vijay Killedar for the Applicant Mr. M. N. Sandyanshiv for the Respondent Nos.1A to 1K.

CORAM : K. K. TATED, J.

DATE : OCTOBER 13, 2015 P.C.:

1.

Heard. This Application is for bringing legal heirs on record of deceased sole Respondent Gangubai Vitthal Nalawade who died on 22/04/1997.

2.

Adv. Mr. Sandhyanshiv states that he received instructions to appear on behalf of legal heirs. He undertakes to file vakalatnama during the course of the day. Undertaking is accepted. He further submits that he has no objection if Civil Application is allowed.

3.

Considering the submissions made by the learned counsel for the Applicant, averments made Basavraj G Patil 1/2

5.1586.15-cas in the Civil Application and as the Advocate for the proposed legal heirs of deceased Respondent has no objection if Civil Application is allowed, I am satisfied that the Applicant has made out a case for allowing the Civil Application.

4.

Hence, following order is passed:

a.

Delay in making the Civil Application is condoned.

b.

Abatement is set aside.

c.

The Applicant is permitted to bring on record the legal heirs of deceased Respondent No.1 Gangubai Vitthal Nalawade in the Second Appeal. d.

Amendment is to be carried out during the course of the day.

e.

Civil Application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2