Smt. Kesharben Kanjibhai And ORS v. Smt. Vijayaben Devabhai And ORS

1/2 CAC/624/2015 Tapadia RR/B.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.624 OF 2015 IN CIVIL REVISION APPLICATION (ST) NO. 31930 OF 2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.C.M.Kothari, Advocate for Applicants.

CORAM: R.G.KETKAR, J.

DATE : 01/02/2016 PC:

1.

Heard Mr.C.M.Kothari, learned counsel for the applicants.

2.

This is an application for condonation of delay of 186 days in filing Civil Revision Application.

3.

By order dated 7.12.2015, notice was issued to the respondents returnable on 11.1.2016. Office remark shows that notice to respondents no.2 to 6 is duly served and notice of respondent no.1 returned unserved with remark 'expired'.

Mr. Kothari submits that respondents no.2 to 6 are heirs and legal representatives of respondent no.1 He,

2/2 CAC/624/2015 therefore seeks permission to delete respondent no.1.

4.

In view thereof, on the motion made by Mr Kothari, respondent no.1 is deleted from this application as also Civil Revision Application. Despite service, no Reply is filed.

5.

In view thereof and for the reasons stated in the application, Civil Application is allowed and delay in filing Civil Revision Application is condoned.

Office is directed to register C.R.A., if it is otherwise ready.

6.

List Civil Revision Application for admission on 2.2.2016.

(R.G.KETKAR, J.)