Mrs. Molly Farrington Banard And ORS. v. The Muncipal Corporation Of Gr. Bombay

pr1 caf4368-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4368 OF 2014 IN FIRST APPEAL NO.1856 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms.Bhavika A. Pitale i/b Mr.S.J.Panicker for the applicants

CORAM

: K.K.TATED, J.

DATED : 17/06/2015 PC:

Not on board. At the request of Advocate for the applicants, matter is taken on board for urgent orders.

The learned counsel for the applicants submits that copy is already served on respondents.

This application is preferred by legal heirs of deceased plaintiff who died on 4.9.2014. The present Civil Application is filed on 5.12.2014 within time.

Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order: Mohite 1/2

pr1 caf4368-14.doc a) Applicant is permitted to bring legal heirs on record of deceased plaintiff in First Appeal as well as pending Civil Applications.

b) Amendment be carried out within six weeks from today, failing which Civil Application shall stand dismissed without referring back to the court.

c) If amendment is carried out within stipulated time, applicant is directed to serve amended copy of Appeal Memo as well as Civil Application on respondent or their Advocate thereafter.

d) Civil application stands disposed off accordingly.

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