Sou. Manjusha Rajendra More And ORS. v. Shri. Hemant Dhondiba Bhalekar And ORS.

923 CAW 174 OF 2018.odt vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.174 OF 2018 IN WRIT PETITION NO.5370 OF 2017 Manjusha Rajendra More and ors ...

Applicants In the matter between Manjusha Rajendra More and ors ...

Petitioners.

V/s.

Hemand Dhondiba Bhalekar and ors ...

Respondents Mr. G. S. Godbole i/by KetakiGadkari a/w Shivani S. Samel, for the Applicants.

Mr. Rishikesh C. Barge, for the Respondent Nos. 10, 13 to 15.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 7st MARCH, 2018.

P.C. :

1] Heard learned counsel for the Applicants and learned counsel for respondent Nos. 10, 13 to 15.

2] This application is taken out for setting aside the abetment of the Petition against Respondent No.11 and for condonation of delay in filing this application. 3] It is submitted by learned counsel for applicants that 1/2

923 CAW 174 OF 2018.odt applicants have issued notice dated 09.11.2017 to the Advocate for Respondent Nos. 11 and 12, requesting him to furnish the copy of death certificate of deceased respondent No.11 and complete details of his legal heirs, if any. But till today, notice is not replied. 4] Today none appears for respondent Nos. 11 and 12. According to learned counsel for applicants, respondent No.12 is the only legal of respondent No.11 and therefore, application be allowed . 5] For the reasons stated in the application, it is allowed. The delay in filing application is condoned. The abetment is set set aside. The applicant to carry out necessary amendment in the cause title by bringing the name of respondent No.12 as legal heir of respondent No.11.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2