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Bombay High CourtCAS/813/2018allowed

Shrikant Baburao Sawant v. Chandrasen Nanasso Lokhande And Other

2019-08-20Hon'Ble Shri Justice R.D. Dhanuka2 pages

15-cas813-18.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.813 OF 2018 IN SECOND APPEAL NO.143 OF 2018 Shrikant B. Sawant ...Applicant V/s.

Chandrasen N. Lokhande, since deceased through L.Rs. - Ajait C. Lokhane & Ors.

...Respondents

Mr.Onkar Nagvekar i/b Mr.Uday Badadare for the Applicant. None for the Respondents.

CORAM : R.D. DHANUKA, J.

DATE : 20TH AUGUST, 2019.

P.C. :- 1.

None appeared for the legal heirs of the respondent no.1 though served. No affidavit in reply has been filed. I have heard the learned counsel for the applicant and have perused the civil application.

2.

For the reasons recorded in the civil application, the applicant has made out a case for setting aside the abatement and for grant of permission to bring the legal heirs of the respondent no.1 on record. The civil application is made absolute in terms of prayer clause (b). The amendment to be carried out within two weeks from today. The amended copy of the second appeal shall be served upon the respondents including the newly added party within one week thereafter. There shall be no order as to costs. 1/2

15-cas813-18.doc 3.

Place the second appeal on board for admission on 23rd September, 2019.

(R.D. DHANUKA, J.) 2/2