Vaman Nivrutti Chavan v. Ajit Vaman Chavan And ORS.

920.CAS.1863.17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1863 OF 2017 IN SECOND APPEAL NO. 172 OF 2009 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr. Kalpesh Patil I/by. A. R. Kapadnis for Applicants.

Mr. Nakul K. Vane I/by. S. T. Bhosale for Respondent Nos. 1 & 2.

Mr. Bhushan Walimbe I/by Rupesh K. Bobade for Respondent Nos. 3 & 4.

------- CORAM : K. K. TATED, J.

DATE : DECEMBER 14, 2017 P.C.:

.

Heard learned Counsel for parties.

2.

This Application is for bringing on record the legal heirs of deceased sole Appellant - Vaman Nivrutti Chavan, who died on 27th July, 2017.

3.

The Civil Application is filed on 26th September, 2017 i.e. within the period of limitation.

4.

Considering the submission made by the learned Counsel for Applicants and the averments made in Civil Application, I am satisfied Yadav VG 1/2

920.CAS.1863.17 that Applicants have made out a case for allowing the Civil Application. Hence, the following order.

ORDER

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

"(a) That this Hon'ble Court be pleased to permit the Applicants to bring the legal heirs of deceased Applicant - Vaman Nivrutti Chavan on record as referred in paragraph no.3 of this Application." (B) Amendment to be carried out in Second Appeal and Civil Application, if any, on or before 12th January, 2018, failing which, Civil Application shall stand dismissed without reference back to the Court.

(C) If amendment is carried out within stipulated time as stated herein above, Applicants to serve the amended copy of Second Appeal on the other side immediately thereafter.

(D) Civil Application stands disposed of accordingly.

(K.K.TATED, J.) Yadav VG 2/2