Ganpat Anandrao Shirke (Since Deceased By His Heirs) And ORS. v. Shankarrao Kalba Sarkale (Since Deceased By His Lrs.) And ORS.
FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
CIVIL APPELLATE SIDE JURISDICTION.
CIVIL APPLICATION NO.1489/2015 IN SECOND APPEAL NO.655/1994 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. G. T. Kanchanpurkar i/b Ramdas A. Shelke for the Applicant Ms. Priyanka Joshi i/b. R. S. Kate for the Respondent.
CORAM : K. K. TATED, J.
DATE : SEPTEMBER 22, 2015 P.C.:
1.
Heard. This application is for bringing legal heirs on record of deceased Respondent No.1 Smt. Shantabai Ganpat Shirke who died on 17/04/2014 and for condonation of delay.
2.
The learned counsel for the Applicant submits that the legal heirs of deceased Respondent are already on record.
3.
The learned counsel for the Respondent / legal heirs of deceased Respondent No.1 makes a statement that they have no objection if Civil Application is allowed.
4.
Considering the submissions made by the learned counsel for the Applicant and as the 1/3
learned counsel for the Respondent / legal heirs of deceased Respondent No.1 has noobjection for allowing the Civil Application, following order is passed:
a.
Delay in making the Civil Application is allowed.
b.
The Applicant is permitted to show the Respondent Nos.2 to 5 as legal heirs of deceased Respondent No.1 in Second Appeal No.655/1994 and in pending Civil Application, if any.
c.
Amendment to be carried out within 6 weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court.
d.
If amendment is carried out within stipulated time as stated hereinabove, the Applicant is directed to serve an amended copy of the Second Appeal as well as the Civil Application, if any, on the Respondent or their Advocate, immediately thereafter.
e.
Civil application stands disposed off accordingly.
JUDGE 2/3
CERTIFICATE Certified to be true and correct copy of the original signed order.
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