Smt. Krishnabai Natha Gholap v. Smt. Yeshoda Eknath Pawar And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.17 OF 2015 IN SECOND APPEAL NO.617 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.P.J.Shinde for the applicant None for the respondent

CORAM

: K.K.TATED, J.

DATED : 23/09/2015 PC:

Heard the learned counsel for the applicant.

This application is preferred by plaintiff for bringing legal heirs on record of deceased respondent no.2, Eknath Keshav Pawar who died on 1.1.2014.

Though legal heirs of deceased respondent no.2 are duly served, no one appeared on behalf of them when the matter was called out.

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 the present Civil Application. Hence, following order:

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a) Delay in preferring Civil Application is condoned.

b) Applicant is permitted to bring legal heirs on record of deceased respondent no.2 in Second Appeal No.617 of 2010 and pending Civil Application if any within 8 weeks from today, failing which matter shall stand dismissed without referring back to the court.

c) If amendment is carried out within stipulated time as stated hereinabove, office is directed to issue notice to the added respondent in Second Appeal No.617 of 2010.

d) Civil application stands disposed off accordingly.

(K.K.TATED, J.) 2/3

CERTIFICATE Certified to be true and correct copy of the original signed order.

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