Dinkar Anant Nawar Deceased Through Lrs. Vaijayanti Dinakr Nawar Thr.Poa Pramod D.Nawar And ORS. v. Shri. Mahesh Chhaburao Gaikwad And Othrs

10.283.16-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.283/2016 IN FIRST APPEAL NO. 815/2010 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. V. P. Tapkir for the Applicant Mr. Rajesh More for the Respondents CORAM : K. K. TATED, J.

DATE : FEBRUARY 15, 2016 P.C.:

1.

Heard. This Application is made by the owner of the offending vehicle for carrying out appropriate amendment showing the names of legal heirs of deceased original Appellant viz. Dinkar Anant Nawar.

2.

Considering the submissions made by the learned counsel for the Applicant and the averments made in paragraph 6 of the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. 3.

Hence, the following order:

a) Civil Application is allowed in terms of prayer clauses (a) & (b) which read thus:

Basavraj G Patil 1/2

10.283.16-caf "(a) This Hon'ble Court be pleased to allow the applicants to bring them on record in place of deceased sole Appellant, as a legal heirs of the deceased Appellant (i.e. Shri Dinkar Anant Nawar) and further this Hon'ble Court be pleased to allow the applicants to withdraw the amount as directed by this Hon'ble Court vide order dated 27/09/2012 in civil application No.3131/2012.

(b) This Hon'ble Court be pleased to condone the delay in filing the present civil application."

b) The Applicant is directed to carry out appropriate amendment in the Civil Application as well as the First Appeal within 4 weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court. c) If amendment is carried out within stipulated time as stated hereinabove, the Applicant is directed to serve an amended copy of the First Appeal as well as pending Civil Application, if any, on the Advocate for the other side, immediately thereafter.

d) Civil Application stands disposed of accordingly.

JUDGE Basavraj G Patil 2/2