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Bombay High CourtCAW/2840/2017allowed

Indu Nana Sawant (Decd) Through Lr. Miss Sonali Sawant v. Asharam Yadunath Yadav And ORS.

2017-12-15Hon'Ble Shri Justice G. S. Kulkarni2 pages

53-caw 2840-17 psv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2840 OF 2017 IN WRIT PETITION NO.1873 OF 2003 Smt.Indu Nana Sawant (since deceased through legal heirs) ...Applicant/ (Orig.Defendant) Vs.

Shri.Asharam Yadunath Yadav & Ors.

..Opponents ----- Mr.Rohan Kaiche with Mr.Anilkumar Patil for Applicants. None for Opponents/Respondents.

----- CORAM :

G.S. KULKARNI, J.

DATE : 15th DECEMBER, 2017 P.C.:

Heard learned Counsel for the applicant. He states that the Civil Application is already served on the opponents/respondents. The record of the petition indicates that the respondents are represented by Mr.Arjunwadkar, Advocate, whose name is correctly indicated on the cause list.

2.

By this application, the principal relief claimed by the applicant is to bring the legal heirs of the petitioner/org. Defendant Smt. Indu Nana Sawant on record. There is delay of 62 days in filing this application.

3.

I have perused the averments made in the application more

53-caw 2840-17 particularly averments made in paragraphs 2 to 8. There is no reply affidavit filed to oppose this application. Accordingly, in the interest of justice, the application is allowed in terms of prayer clauses (a), (b) and (c).

4.

Necessary amendment be carried out in the Writ Petition within four weeks from today and copy of the amended Writ Petition be served on the respondents.

5.

Civil Application is accordingly, disposed of in above terms. No costs.

[G.S. KULKARNI, J.]