Bombay High CourtCAF/511/2017disposed off

Municipal Corporation Of Gr.Mumbai v. Bhaskar Gajanan Bhandari (Deceased)And ORS.

2017-02-14Hon'Ble Shri Justice M.S. Sonak1 pages

skc 10-CAF-33894-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (STAMP) NO. 33894 OF 2016 IN FIRST APPEAL NO. 2000 OF 2005 Municipal Corporation of Gr. Mumbai ..

Applicant In the matter between :

Municipal Corporation of Gr. Mumbai ..

Appellant vs.

Bhaskar G. Bhandari (deceased) Namdeo G. Bhandari & Ors.

.. Respondents Ms M. R. Bhoir for MCGM - Applicant.

Mr. K. Amin i/b. S. K. Srivastav & Co. for Respondent Nos. 1 to 8. CORAM : M. S. SONAK, J.

DATE: 14 FEBRUARY 2017 P.C :

1] There is no reply filed by any of the respondents opposing the civil application. Civil application seeks to bring on record legal representatives of deceased respondent no. 6. There is substantial delay. However, the explanation given is that the MCGM was made aware of the demise of the respondent no. 6 only on 7 October 2016 by a letter addressed by Advocate Mr. Dilip R. Keni. This is sufficient explanation and accordingly, this civil application is allowed. Delay is condoned. Abatement is set aside. Leave is granted to bring on record legal representatives of respondent no.

6. Necessary amendment to be carried out within four weeks from today.

2] Civil application is disposed of.

(M. S. SONAK, J.) Chandka 1/1