Sou. Kalpana Narendra Patil (Since Decd.) Through Lrs. And ORS. v. Maruti Yeshwant Patil (Since Decd.) Through Lrs. And ORS.

27 caw1862-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1862 OF 2018 IN WRIT PETITION NO.8551 OF 2016 Kalpana Narendra Patil since deceased by her legal representatives Narendra Tanaji Patil and Ors.

.. Applicants V/s.

Maruti Yeshwant Patil and Ors.

.. Respondents Mr.Dinesh P. Kolekar for the applicants

CORAM:

K.K. TATED, J DATED :

MARCH 1, 2019 P.C. :

Heard.

Advocate for the Applicant submits that Respondent no.1 Maruti Yeshwant Patil died on 13.07.2016. He submits that his legal heirs are already on record as Applicants. Hence, Applicants may be permitted to treat them as legal heirs of Respondent no.1.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing Mohite 1/2

27 caw1862-18.doc the present Civil Application. Hence, following order: a) Civil Application is allowed in terms of prayer clause 7(i) and 7(ii) which reads thus:

(i) To condone the delay of about 15 days for filing this Civil Application.

(ii)To bring on record the Applicants as the legal representatives of the Petitioner in Civil Writ Petition No.8551 of 2016."

b) Amendment be carried out on or before 30.03.2019 failing which the Civil Application shall stand dismissed without further reference to the court.

c) If amendment is carried out within stipulated time as stated hereinabove, Applicant is permitted to serve amended copy of Writ Petition No.8551 of 2016 on other side immediately thereafter and file affidavit of service to that effect. d) Civil application stands disposed off accordingly. e) No order as to costs.

(K.K. TATED, J.) Mohite 2/2