The State Of Maharashtra v. Bhima Waman Gangode(Dead) Through His Lrs. 1a. Shri Khanderao Bhima Gangode And ORS.

15 caf 335-14=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 335 OF 2014 IN FIRST APPEAL NO. 983 OF 2002 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.R. Patil, AGP for the applicant/State.

None for the respondents.

CORAM : K. K. TATED, J.

DATED : 29/07/2015.

P.C.:

.

Heard learned AGP for the applicant/State.

Though, the respondents are duly served, no one appeared on behalf of them when the matter called out.

This application is preferred by State of Maharashtra for bringing legal heirs on record of deceased respondent no.5 who died on 03.10.2001. The learned AGP submits that the legal heirs of the deceased respondent no.5 are already on record. They may be treated as legal heirs of deceased respondent no.5.

Sneha Chavan 1/2

15 caf 335-14=.doc Considering the submissions made by learned AGP for the applicant and averments made in civil application, I am satisfied that applicant has made out the case for allowing the civil application. Hence, the following order is passed:

a) Delay in preferring Civil Application is condoned.

b) Abatement is set aside.

c) Applicant is permitted to carry out appropriate amendment to show some of the respondents as legal heirs of deceased respondent no.5, who are already on record within eight weeks from today, failing which civil application shall stand dismissed without referring back to the court. d) Civil Application stands disposed of accordingly.

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