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Bombay High CourtWP/405/2015rule made absolute

Smt. Suman Shet. v. Shri Madhukar B.C. Haldankar (Sicne Deceased) Through His Legal Heirs.,

2015-07-17F. M. Reis2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.405 OF 2015 Smt. Suman Shet major of age, housewife, resident of Sonarwada, Betim Bardez Goa.

.... Petitioner V/s Shri Madhukar B.C. Haldankar since deceased through his legal heirs 1a. Smt. Madhumati Madhukar Haldankar, wife of late Madhukar Haldankar.

1b. Mr. Sudesh Madhukar Haldankar son of late Madhukar Haldankar 1c. Mrs. Sapana Sudesh Haldankar wife of Sudesh Madhukar Haldankar 1d. Mr. Sushant Madhukar Haldankar son of late Madhukar Haldankar 1e. Mrs. Preeti Sushant Haldankar wife of Sushant Madhukar Haldankar 1f. Mrs. Sukanti U. Lotlikar daughter of late Madhukar Haldankar 1g. Mr. Umesh A. Lotlikar husband of Sukanti Lotlikar 1h. Mrs. Supriya R. Tandal daughter of late Madhukar Haldankar 1i. Mr. Rajesh P. Tandal husband of Supriya Tandal.

1j. Mrs. Amita A. Kerkar

daughter of late Madhukar Haldankar 1k. Mr. Anant Kerkar husband of Amita Kerkar all resident of house no.135, Sonarwada, Betim Bardez Goa.

.... Respondents Mr. Arjun Naik, Advocate for the Petitioner.

Mr. J.J. Mulgaonkar, Advocate for the Respondents. CORAM : F.M. REIS, J.

DATE : 17th JULY, 2015 ORAL JUDGMENT : (Per F.M. Reis, J.) Rule. With the consent of the learned Counsel heard forthwith. Learned Counsel appearing for the respondents waives service. 2.

After hearing the matter for some time, the following order is passed by consent.

O R D E R

(i) The impugned order dated 19/01/2015 is quashed and set aside.

(ii) The learned Additional District Judge-1 is directed to decide the application for restoration as well as the application to bring the legal representatives of deceased respondent on record after hearing the parties in accordance with law. (iii) Rule is made absolute in the above terms. F.M. REIS, J.

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