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Bombay High CourtCAC/570/2015

Bhikaji Krishnaji Pawar(Since Deceased) Through L.Rs. And Others v. Dr. Mohan Madhav Reddy (Since Deceased) Through L.Rs. And Others

2016-03-04Hon'Ble Shri Justice R.M. Savant.2 pages

(902)-CAC-570-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.570 OF 2015 IN CIVIL REVISION APPLICATION NO.263 OF 2007 Shri. Bhikaji Krishnaji Pawar (Since deceased through his legal heirs) Murari Bhikaji Pawar (Since deceased through his legal heirs) Kamal Murari Pawar and others .. Applicants

Versus

Dr. Mohan Madhav Reddy (Since deceased through his legal heirs) Smt. Sunila Mohan Reddy and others .. Respondents Mr. P. P. Raut i/by Mr. S. P. Kadam, for the Applicants. Mr. Valmiki Narvekar i/by Mr. S. S. Kanetkar, for the Respondent Nos.1, 3, 4 and 5.

CORAM : R.M. SAVANT, J.

DATE : 4th MARCH 2016 P.C.

1.

At the outset leave to amend is granted so as to correct the number of days of delay. The above Civil Application has been filed to bring the heirs of the Respondent No.1 on record. To the above Civil Application the death certificate of some other person has been erroneously annexed. It is on the said basis that the office has calculated BGP.

(902)-CAC-570-15.doc the delay to be of 4 years and 37 days in filing the application. However, the Learned Counsel appearing on behalf of the Respondents on instructions states that the Respondent No.1 has expired on 16.08.2014. The above Civil Application has been filed on 16.12.2014. Hence, there is a delay of about 32 days in filing the above Civil Application. The memo of the Civil Application has accordingly been corrected in terms of the permission granted by this Court. The Learned Counsel has no objection to the heirs of the Respondent No.1 being brought on record. The Civil Application is accordingly allowed. Resultantly, the heirs of the Respondent No.1 are allowed to be brought on record. Amendment to be carried out within two weeks. The Civil Application is accordingly disposed of. List the Civil Revision Application for final hearing as per its turn after the ensuing summer vacation.

[R.M. SAVANT, J] BGP.