Vithoba Appa Godse (Since Decd) Through Lrs. v. Sudam Ramu Godse And ORS.

11 caw 1848-16=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 1848 OF 2016 IN WRIT PETITION NO. 7399 OF 2003 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. P. K. Hushing for the Applicant.

None for the Respondents.

CORAM : K. K. TATED, J.

DATED : 03/10/2016 P.C.:

.

Heard learned Counsel for the applicant.

Though the Respondents are duly served, no one appeared on behalf of them. On 20.07.2016, the matter was adjourned at the request of learned counsel for the respondents.

This application is for bringing legal heirs on record of deceased sole petitioner Vithoba Appa Godse, who died on 01.03.2007.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

Hence, the following order:

a) Delay in preferring Civil Application is Sneha Chavan 1/2

11 caw 1848-16=.doc condoned.

b) Abatement is set aside.

c) Applicant is permitted to bring the legal heirs on record of deceased sole petitioner in Writ Petition No. 7399 of 2003 within six weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court. d) If amendment is carried out within stipulated time as stated hereinabove, applicant to serve the amended copy of Writ Petition No. 7399 of 2003 on Respondents or their Advocate immediately thereafter.

e) Civil application stands disposed off accordingly.

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