Shri.Ganpati Rama Nirmale (Deceased) Thru Lrs. v. Smt.Nanibai Ananda Patil (Deceased) Thru Lrs.

47.CAS.1637.17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1637 OF 2017 IN SECOND APPEAL NO. 654 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr. Abhijeet Tambe I/by P. M. Arjunwadkar for Applicants.

Mr. V. B. Rajure for Respondent Nos. 2A(1) to 2A(4), 2B, 2C(1) to 2C(4), 2D(1) to 2D(4), 2E, 2F, 2G(2), 2G(3).

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

DATE : DECEMBER 11, 2017 P.C.:

.

Heard learned Counsel for parties.

2.

This application is preferred by the original Appellants for bringing the legal heirs on record of deceased Respondent No.7 - Dattu Limbaji Kerle, who died on 15th August, 2017. The present Civil Application is filed on 26th October, 2017 i.e. within time.

3.

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

47.CAS.1637.17 allowing the Civil Application. Hence, the following order.

ORDER

(A) Applicants are permitted to bring the legal heirs on record of deceased Respondent No.7 - Dattu Limbaji Kerle in Second Appeal No. 654 of 2017 and pending Civil Application on or before 12th January, 2018, failing which, Civil Application shall stand dismissed without reference back to the Court.

(B) If amendment is carried out within the stipulated time as stated herein above, Applicants to serve the amended copy of Second Appeal and pending Civil Application on the other side and legal heirs of deceased Respondent No.7 by private notice either by registered post A.D. and/or by hand delivery and file affidavit of service to that effect.

(C) Stand over to 19th January, 2018.

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