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Bombay High CourtCAW/1677/2016ca disposed off

Jagdish Harischandra Thokane And 3 Others v. Sau. Mankarnabai Vasanta Gawande And 3 Others

2016-08-01Hon'Ble Shri Justice A.S. Chandurkar2 pages

18-CAW-1676,1677,1678-16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NOS.1676, 1677 AND 1678 OF 2016 IN WRIT PETITION NO.3097 OF 2015 Jagdish Harishchandra Thokane and ors. -vs- Manakarnabai Vasanta Gaswande and ors. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri S. V. Sirpurkar, Advocate for petitioner/respondents. Shri A. V. Bhide, Advocate for respondent No.1/LRs. CORAM : A.S.CHANDURKAR, J.

DATE : August 01, 2016 Notice on all these applications on legal heirs is made returnable forthwith. Shri A. V. Bhide, the learned counsel waives notice on behalf of the legal heirs of the respondent No.1.

In the application for condonation of delay, it has been stated that the petitioners were not aware about the names of the legal heirs of the respondent No.1 and hence the delay. Shri A. V. Bhide, the learned counsel for the legal heirs of the respondent No.1 submits that the pursis giving details of the names of legal heirs was filed on record on 23/11/2015. He therefore opposes the application. Considering the fact that the writ petition arises out of an order passed in R.C.S. No.10/2012, the delay in bringing on record the legal heirs is condoned subject to costs of Rs.2000/- to be paid by the petitioners to the legal heirs of the respondent No.1. The delay is condoned on aforesaid terms and the legal heirs are permitted to be brought on record. Amendment be carried out within one week from today.

Civil applications are disposed of.

JUDGE Asmita

18-CAW-1676,1677,1678-16 2/2 -: C E R T I F I C A T E :- copy of the original signed Judgment/order."

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03/08/2016