Smt. Kantabai Dashrath Kate And ORS. v. M/S. G.K. Developers Thr. Partner Hari Nichaldas Jeswaniand ORS.

52 caf 2394-17=.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2394 OF 2017 IN FIRST APPEAL NO. 795 OF 2017 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Dhiraj Gole I/b Madhav Jamdar for the Applicant.

CORAM: K.K.TATED, J.

DATED : 26/08/2019 P.C.

Heard learned Counsel for the Applicant.

By this Civil Application, the Applicants original plaintiffs are seeking permission to bring legal heirs on record of deceased Appellant No. 14 Ragunath Mahadev Kate, who died on 15.07.2016.

Considering the submissions made by the learned Counsel for the Applicants and averments made in Civil Application, I am satisfied that Applicants have made out a case for allowing the Civil Application.

Hence, the following order:

a) Delay in filing First Appeal is condoned.

Sneha Chavan 1/2

52 caf 2394-17=.odt b) Applicants are permitted to bring the legal heirs on record of deceased Appellant No.14 in First Appeal No. 795 of 2017 along with pending Civil Application, if any, on or before 24.09.2019, failing which Civil Application shall stand dismissed without further reference to the Court.

c) Civil Application stands disposed of accordingly. No order as to costs.

(K.K.TATED, J.) Sneha Chavan 2/2