New India Assurance Company Limited v. Smt. Trupti Balaji Randive And ORS.

65 caf71-19.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.71 OF 2019 IN FIRST APPEAL (ST.) NO.33370 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.S.M.Dange for the applicant Mr.V.A.Shastry for the respondents CORAM : K. K. TATED, J DATE : AUGUST 14, 2019 P.C.:

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Heard.

The learned counsel for the applicant submits that respondent no.2 is a minor. Hence, respondent no.1, the Mother be appointed as a Natural Guardian of Respondent no.2.

The learned counsel for respondents submits that he does not have any objection for allowing the present Civil Application. He further submits that he received instruction to appear on behalf of respondent no.2 also.

Mohite 1/2

65 caf71-19.doc Hence, by consent of both the parties, following order is passed:

A) Civil Application is allowed in terms of prayer clause (a), (b), (c) and (d) which reads thus:

"(a) Respondent no.1 be appointed as guardian ad-litem for the Respondent No.2 hereinabove.

(b) All proceedings, notices etc.

required to be served on the respondent no.2 be served on the Respondent no.1 for herself as well as for the Respondent no.2 and such service be deemed good service.

(c) Affidavit of the Appellant is dispensed with.

(d) Delay, if any, in filing this C.A. be condoned."

B) Civil Application stands disposed of accordingly.

C) No order as to costs.

D) Applicant to carry out appropriate amendment in First Appeal and pending Civil Application on or before 31.8.2019 with copy to other side.

(K.K.TATED, J.) Mohite 2/2