1.) Shri Govind Mahadu Bagul And Others v. 1) Smt. Yashodabai Hari Mahale And Others

17.31857.17-cas FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST) NO.31857/2017 IN SECOND APPEAL NO.249/2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Avanti Inamdar i/b. R. N. Gite for the Applicant Mr. Gurudas S. Gorwadkar with Ravi G. Shinde i/b. Sujay H. Gangal for Respondent Nos.1 and 2.

CORAM : K. K. TATED, J.

DATE : DECEMBER 20, 2017 P.C.:

1.

Heard. This Application is for bringing the legal heirs on record of deceased Appellant No.1 Govind Mahadu Bagul who expired on 07.09.2014 in the Second Appeal.

2.

The learned counsel for the Respondent submits that they have no objection if the Civil Application is allowed.

3.

Hence, by consent following order is passed.

a.

Delay in making the Civil Application is condoned.

Basavraj G Patil 1/2

17.31857.17-cas b.

Abatement is set aside.

c.

The Applicant is permitted to bring the legal heirs on record of the deceased Appellant No.1 in the Second Appeal on or before 20.01.2018 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, an amended copy of the Second Appeal along with all annexures shall be served on the other side.

e.

The learned counsel for the Applicant to pay cost of Rs.2500/- to the Respondent or their advocate on or before 06.01.2018, failing which the Civil Application shall stand dismissed without further reference to the court.

f.

Civil Application stands disposed of accordingly.

JUDGE Basavraj G Patil 2/2