Shankar Abarao Chidrwar v. Sudhakar Bapurao Tak And Another

28-WP-822-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7255 OF 2021 IN WRIT PETITION NO.822 OF 2021 SHANKAR ABARAO CHIDRWAR

VERSUS

SUDHAKAR BAPURAO TAK AND ANOTHER ...

Advocate for Petitioner : Mr. Mukhedkar Amit A. Advocate for Respondent No.1(in WP ): Mr. P. N. Kalani ...

CORAM : AVINASH G. GHAROTE, J.

DATE : 2nd August, 2021 PER COURT :

.

By the present application, the delay of 584 days, caused in bringing the legal heirs of the deceased respondent No.2, who has passed away on 25/09/2019 as listed in Para-4 of the application, has been filed. The reason for the delay, is that the applicant, was not aware of the legal heirs of deceased respondent No.2 and it is only when, the plaintiff in appeal filed an application for bringing the legal heirs of respondent on record, that he came to know about the legal heirs, resultant to which, the present application has been filed.

28-WP-822-2021.odt 2.

Mr. P. N. Kalani, appearing for respondent No.1 has no objection.

3.

Considering the reason given, the legal heirs of deceased respondent No.2, are brought on record by condoning the delay. The petitioner, to amend the cause memo of petition accordingly.

4.

On the same being done, issue notice to the respondent Nos.2-A to 2-F, returnable on 17/8/2021. The petitioner to serve the added respondents by all modes of service permissible in law, including Email and Whatspp. Hamdast granted, if prayed for. 5.

Civil Application is allowed in the above terms. (AVINASH G. GHAROTE, J.) Sameer