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Bombay High CourtCAF/4338/2014disposed off

Mr. Vithu C. Agaskar(Death) Mr. Shravan Vithu Agaskar(Death)Lr.S' Mrs. Shantibai S.Agaskar And ORS. v. Mr. Rama Gajanan Agaskar.

2015-06-24Hon'Ble Shri Justice K.K. Tated2 pages

8.4338.14-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.4338 OF 2014 IN FIRST APPEAL NO.916 OF 1991 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Anusha Amin i/b. S. D. Patil for the Applicant Mr. R. S. Dewal for the Respondent.

CORAM : K. K. TATED, J.

DATE : JUNE 24, 2015 P.C.:

1.

Heard. This Application is for bringing legal heirs on record of deceased Appellant No.1/1 Shravan Vithu Agaskar who died on 01/05/2013. 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 filing the Civil Application is condoned.

Basavraj G Patil 1/2

8.4338.14-caf b) The Applicant is permitted to bring on record the legal heirs of deceased Appellant No.1/1 Shravan Vithu Agaskar in First Appeal as well as pending Civil Application, if any, within 6 weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court.

c) If amendment is carried out within stipulated time as stated herein above, the Applicant is directed to serve an amended copy of the appeal memo on the Respondent or their advocate.

d) Civil Application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2