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Bombay High CourtCAW/175/2017allowed

Smt. Vidya Subhash Sudalge And ANR. v. Miraj Urban Co-Operative Bank Ltd. And ORS.

2018-08-01Hon'Ble Shri Justice G. S. Kulkarni2 pages

RNG 1/2 901.CA.175.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE CIVIL JURISDICTION CIVIL APPLICATION NO.175 OF 2017 (for bringing legal heirs on record) in WRIT PETITION NO.5604 OF 2006 Smt Vidya Subhash Sudalge & anr ...Applicants vs Miraj Urban Cooperative Bank Ltrd & ors

...Respondents

­­­ Ms.Akansha Helaskar I.b Mr.A.M.Kulkarni for Applicants None for Respondent no.1 Ms.Kavita Solunke AGP for Respondent nos.2 and 3 ­­­ CORAM : G.S.KULKARNI, J DATED : 1ST AUGUST, 2018 ­­­ P.C. :

Heard learned counsel for the applicants. It appears from the record that respondent no.1 was represented. Learned AGP appears for respondent nos.2 and 3.

2.

The Civil Application is for bringing the legal heirs of the petitioner­Subhash A. Sudalge who expired on 25.11.2012 during the pendency of this petition. The legal heirs applicant no.1A­Smt Vidya Subhash Sudalge and applicant no.1B­Vrushabh Subhash Sudalge are sought to be brought on record to pursue this petition.

RNG 2/2 901.CA.175.17.doc 3.

Perused the averments as made in the civil application. It is in the interest of justice that the civil application be allowed. There is some delay in filing the civil application. It is satisfactorily explained. 4.

Accordingly, civil application is allowed in terms of prayer clauses (b) (c) and (d). Necessary amendment be carried out within a period of four weeks from today and the amended copy of the petition be served on all the respondents. No costs.

(G.S.KULKARNI, J}