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Bombay High CourtCAW/3205/2015allowed

Rekha Ashok Mahalgaonkar v. Ajit Chandrakant Waikar And ANR.

2015-12-09Hon'Ble Shri Justice Rajesh G. Ketkar1 pages

6.caw 3205.15.doc ingale

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3205 OF 2015 IN CIVIL APPLICATION NO. 285 OF 2013 IN WRIT PETITION NO. 2862 OF 2009 Mrs.Rekha Ashok Mahalgaonkar .. Applicant Vs.

Shri Ajit Chandrakant Waikar and anr.

.. Respondents Mr.Sagar Batavia h/f Mr.R.N.Sanghavi, Advocate for the Applicant. CORAM :

R.G.KETKAR, J.

DATED : 09h DECEMBER, 2015 P.C. :

.

Heard Mr.Sagar Batavia, learned Counsel for the applicant.

2.

He submitted that by order dated 20/03/2013, Civil Application No. 285 of 2013 for bringing legal heirs of respondent No.1, since deceased, on record was allowed. Due to oversight, amendment was not carried out.

3.

In view thereof, and for the reasons stated in the Application, I am satisfied that applicant has made out a case for granting relief. Hence, Civil Application is allowed in terms of prayer clauses (b) and (c) with no order as to costs as also affidavit in support of application is dispensed with. Amendment in the Main Writ Petition shall carried out within 14 days from today. (R.G.KETKAR, J.) 1/1