Kamalakant Rajaram Parab v. Shri Balu Bapu Gavli And ORS

Sherla V.

caw.299.2017_19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.299 OF 2017 IN WRIT PETITION NO.5756 OF 2016 Kamalakant Rajaram Parab ... Applicant Vs.

Shri Balu Bapu Gavli & Ors.

... Respondents Mr.R.D. Gude i/b Khandeparkar & Asso. for the Applicant CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: JUNE 7, 2018 P.C. :

1.

This application is moved for bringing on record the legal heirs of the deceased respondent No.11, who expired on 12.11.2012. The learned Counsel for the applicant submits that the legal heirs of respondent No.11 i.e., respondent Nos.11(B), (C) and (D) are served. He submits that delay, if any, in filing the application be also condoned as at the time of receipt of the notice, knowledge of death of respondent No.11 was derived from the postal remark.

caw.299.2017_19.doc 2.

Considering the submissions and for the reasons mentioned in the application, the Civil Application is allowed. The legal heirs of respondent No.11 i.e., respondent Nos.11(A), (B) and (C) are allowed to be brought on record. Amendments to be carried out within two weeks. Writ Petition be listed for admission on 7.8.2018.

3.

Civil Application is disposed of accordingly. (MRIDULA BHATKAR, J.)