Smt. Kashibai W/O. Kashinath Gawate (D/H) Shri Anil Kashinath Gawate And ORS. v. Narayan Govind Gawate (D/H) Damayanti Narayan Gawate And Others

12 cas432-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.432 OF 2015 IN SECOND APPEAL NO.424 OF 2002 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms.Gauri Godse for the applicant

CORAM

: K.K.TATED, J.

DATED : 10/09/2015 PC:

Heard the learned counsel for the applicant.

This application is for bringing legal heirs on record of deceased appellant no.6f, Hirabai Bapu Gawate who died on 18.3.2013.

The learned counsel for the applicant submits that her legal heirs are already on record as appellant no.6a to 6e and respondent no.2. Hence, applicant may be permitted to delete the name of appellant no.6f and showing the appellant no.6a to 6e and respondent no.2 as legal heirs. Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, Mohite 1/2

12 cas432-15.doc following order:

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

"(a) This Hon'ble Court be pleased to grant leave to amend the cause title of Second Appeal No.424 of 2002 and pending Civil Application No.103 of 2011, Civil Application No.101 of 2011 and Civil Application No.100 of 2011 for showing Appellant No.6f as deceased through legal heirs Appellant Nos.6a to 6e and Respondent No.2."

B) Applicant to carry out appropriate amendment within 6 weeks from today, failing which Civil Application shall stand dismissed without referring back to the court.

C) Civil application stands disposed off accordingly.

(K.K.TATED, J.) CERTIFICATE Certified to be true and correct copy of the original signed order.

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