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Bombay High CourtCAW/526/2018

Smt. Lilabai Motilal Bhandari (Since Deceased Through Lrs.) And ORS. v. State Of Maharashtra And ORS.

2018-03-06Hon'Ble Shri Justice K.K. Tated,Hon'Ble Shri Justice B.P. Colabawalla2 pages

39.526.18-caw FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.526/2018 IN WRIT PETITION NO.3115/2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. P. H. Hushing for the Applicant Mrs. Madhubala Kajale, "B" Panel Counsel for Respondent State.

CORAM : K. K. TATED & B. P. COLABAWALLA, JJ.

DATE : MARCH 6, 2018 P.C.:

1.

Heard. This Application is for bringing the legal heirs on record of deceased Petitioner No.1 Smt. Lilabai Motilal Bhandari who expired on 17.07.2017. The Civil Application is filed on 07.10.2017 i.e. within limitation.

2.

Considering the submissions made by the learned counsel for the Applicant and the reasons disclosed in the Civil Application we are satisfied that the Applicant has made out a case for allowing the Civil Application.

Basavraj G Patil 1/2

39.526.18-caw 3.

Hence, following order is passed.

a.

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

"(b) The names of the Applicant Nos.1A to 1I also be recorded as the heirs and legal representatives of the said Smt. Leelabai, the original Petitioner No.1 since deceased."

b.

The Applicant is directed to carry out amendment in the Writ Petition within four weeks from today.

c.

Amended copy of the Writ Petition be served on other side immediately thereafter.

d.

Civil Application stands disposed of accordingly.

(B. P. COLABAWALLA,J.) (K.K.TATED,J.) Basavraj G Patil 2/2