Ashok Mahadev Hinge And ANR. v. Gajendra @ Ravindra Shakarrao Shinde And ORS.

35 caf 4001-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4001 OF 2015 IN FIRST APPEAL NO. 321 OF 2008 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S. G. Thorat for the appellant.

Mr. Rahul More i/b D.D. Ranaware for the respondent No.1.

CORAM : K. K. TATED, J.

DATED : 11/02/2016 P.C.:

.

Heard learned Counsel for the parties.

Though, other respondents are duly served, no one appeared on behalf of them when the matter called out.

The learned counsel for the applicant undertakes to file affidavit of service within two weeks from today. Same is accepted.

This application is for bringing legal heirs on record of Appellant original claimant No.1 Ashok Mahadev Hinge who died on 14.02.2015.

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 Sneha Chavan 1/2

35 caf 4001-15=.doc present Civil Application.

Hence, the following order:

a) Delay in preferring the Civil Application is condoned.

b) Applicant is permitted to bring the legal heirs on record of deceased Appellant No.1 in First Appeal No. 321 of 208 and also pending Civil Applications, if any, within four weeks from today, 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 herein above, applicant is directed to serve the amended copy of First Appeal memo on Respondent's Advocate thereafter immediately.

d) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2