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Bombay High CourtCAS/1856/2016allowed

Rajaram Mahadu Survey (Since Deceased Through His Legal Heirs) 1a Chandrabhaga Rajaram Survey v. Sampat Mahadu Survey (Since Deceased Through Legal Heirs) 1a Anusayabai Sampat Survey

2016-12-08Hon'Ble Shri Justice R.D. Dhanuka2 pages

kvm 1/2 903-CAS1856.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1856 OF 2016 IN SECOND APPEAL (ST) NO. 23018 OF 2011 Rajaram Mahadu Survey, Since deceased through his legal heirs ..... Applicants

VERSUS

Sampat Mahadu Survey, Since deceased through his legal heirs & Ors. ..... Respondents Mr.Sugandh Deshmukh for the Applicants.

None for the Respondents.

CORAM : R.D. DHANUKA, J.

DATE : 8th DECEMBER, 2016 P.C.

By this civil application, the applicants seek amendment to the cause title of the civil application and the second appeal and seeks permission to carry out amendment in the names of respondent nos.3/1 to 3/6 as mentioned in paragraph

(3) of the civil application and further seeks dispensation of the affidavit. 2.

I have heard the learned counsel appearing for the applicant and I have perused the averments made in the civil application. For the reasons recorded in the civil application, civil application is made absolute in terms of prayer clauses (A) and (B). Amendment to be carried out within one week from today. The applicants are permitted to serve the respondent nos. 3/1 to 3/6 by private service i.e. by Registered A.D., courier or Hand Delivery within four weeks from the date of carrying out amendment and shall file affidavit of service. No order as to costs.

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The applicants are directed to remove office objections if any, within two weeks from today and to get the second appeal numbered. (R.D.DHANUKA, J.)