Smt. Ranjana Vithal Khilare v. Diwakar Alias Popatrao Jaisinghrao Khilare And ORS

Trupti p504-caa-1003-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1003 OF 2017 IN APPEAL FROM ORDER NO. 210 OF 2017 Ranjana Vithal Khilare ...Applicant

Versus

Diwakar @ Popatrao Jaisingrao Khilare (since deceased) through his legal heirs Chitrasen s/o. Diwakar Khilare & Ors.

...Respondents

......

Mr.Abhishek Kulkarni for the Applicant.

Mr.S.C.Wakankar for Respondent Nos. 1 to 5.

......

CORAM: MRS.MRIDULA BHATKAR, J.

DATE :FEBRUARY 02, 2018 P.C.:

1.

Upon urgent mentioning, taken on Production Board. 2.

This Civil Application is filed by the applicant for bringing on record the legal heirs of respondent nos. 1A to 1F.

3.

The learned Counsel for the applicant submits that during the pendency of Appeal, respondent no.1 i.e. Diwakar @ Popatrao Jaisingrao Khilare has expired on 09.09.2017. The application for bringing the legal heirs on record is preferred on 03.10.2017. Hence, application is filed within time.

1 / 2

Trupti p504-caa-1003-17.doc 4.

In view of the above submission, the legal heirs of respondent no.1 i.e. Diwakar @ Popatrao Jaisingrao Khilare are to be brought on record. Amendment is to be carried out forthwith.

5.

Civil Application is allowed and is accordingly disposed of. APPEAL FROM ORDER NO. 210 OF 2017 6.

Issue notice to the respondents, returnable on 16.03.2018. (MRIDULA BHATKAR, J.) 2 / 2