Mrs. Chhaya W/O. Bharat Agale v. Mr. Barat Kisan Agale (Since Deceased Through L.Rs) And ORS.

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.720/2015 IN SECOND APPEAL NO.828/2003 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Y. S. Thorat i/b. A. B. Tajane for the Applicant Mr. Prashant Suryavanshi i/b. G. M. Savgave for the Respondent Nos.1 to 4.

CORAM : K. K. TATED, J.

DATE : SEPTEMBER 16, 2015 P.C.:

1.

Heard. This application is for bringing legal heirs on record of deceased sole Respondent Bharat Kisan Agale who died on 24/08/2014 and for condonation of delay in making the Civil Application .

2.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

3.

Hence, the following order:

a) Delay in making the Civil Application is 1/3

condoned.

b) Abatement is set aside.

c) The Applicant is permitted to bring on record the legal heirs of deceased Respondent in the Second Appeal within 6 weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court.

d) If amendment is carried out within stipulated time as stated hereinabove, the Applicant is directed to serve an amended copy of the Second Appeal as well as the Civil Application, if any, on the legal heirs of Respondent No.1 or their Advocate, immediately thereafter.

e) The learned counsel for the legal heirs of deceased Respondent waives service in Second Appeal.

f) Civil application stands disposed off accordingly.

JUDGE 2/3

CERTIFICATE Certified to be true and correct copy of the original signed order.

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