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Bombay High CourtCAW/3324/2015

Sopan Jagannath More v. Suryakant Ramchandra More And ORS.

2016-07-27Hon'Ble Shri Justice K.K. Tated2 pages

rsk 1 CAW-3324-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3324 OF 2015 IN WRIT PETITION NO.10929 OF 2015 Sopan Jagannath More

...Petitioner

vs.

Suryakant Ramchandra More & Ors.

...Respondents

Ms. Priyanka Joshi i/b Mr. Shailesh D. Chavan for the applicant/petitioner.

Mr. Nandu V. Pawar for respondent Nos.1 to 5. CORAM : K. K. TATED, J.

DATE : JULY 27, 2016.

P.C.

.

Heard learned counsel for the parties.

2.

This application is for bringing the legal heirs on record of the deceased/respondent No.1-Suryakant Ramchandra More, who died on 19/10/2015. Mr. Pawar, Learned counsel for the respondent submits that he received instructions to appear on behalf of legal heirs of deceased/respondent No.1 in the present Civil Application as well as Writ Petition. He waives service on behalf of legal heirs of respondent No.1.

3.

Considering the submissions made by the learned counsel for the applicant, the averments made in Civil Application and as the advocate for legal heirs has no objection for allowing

rsk 2 CAW-3324-15.doc the present Civil Application, I am satisfied that applicant has made out a case for allowing this Civil Application. Hence, following order:

a) Delay is condoned.

b) Applicant is permitted to bring legal heirs on record of deceased/respondent No.1 in Writ Petition 10929/2015 within 4 weeks from today, failing which the Civil Application shall stand dismissed without referring back to the Court. c) If amendment is carried out within the aforesaid period, applicant to serve amended copy of Writ Petition 10929/2015 to added respondent's advocate immediately thereafter. d) Learned counsel Mr. Nandu V. Pawar waives service on behalf of added respondents in Writ Petition No.10929/2015. Civil Application stands disposed of accordingly. JUDGE