Smt. Shobha Shankar Isapure And Another v. Akkatai Baburao Patil And Others

10 cas692-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.692 OF 2015 IN SECOND APPEAL NO.395 OF 2012 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mrs.A.R.S.Baxi for the applicant Mr.Vijay Killedar for the respondent nos.1 to 5, 6A and 6B

CORAM

: K.K.TATED, J.

DATED : 07/09/2015 PC:

Heard the learned counsel for the parties.

This application is for bringing legal heirs on record of deceased respondent no.4, Rajendra Shivappa Kapase, who died on 16.4.2014.

Advocate for the applicant submits that legal heirs of deceased respondent no.4 are already on record as respondent nos.2, 3 and 5.

The learned counsel for the respondent submits that he is appearing for legal heirs of deceased respondent no.4. He further submits that they have no objection if present Civil Application is allowed.

Considering the submissions made by the Mohite 1/2

10 cas692-15.doc learned counsel for the Applicant, the averments made in the Application and as Advocate for legal heirs of respondent no.4 have no objection, I am satisfied that applicant has made out a case for allowing the Civil Application. Hence, following order is passed:

a) Delay in preferring Civil Application is condoned.

b) Abatement is set aside.

c) Applicant is permitted to bring legal heirs on record of deceased respondent no.4 in Second Appeal by treating respondent nos.2, 3 and 5 who are already on record.

d) The learned counsel for the added respondents waives service in Second Appeal.

e) Amendment be carried out within four weeks from today.

f) Civil application stands disposed off accordingly.

(K.K.TATED, J.) CERTIFICATE Certified to be true and correct copy of the original signed order.

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