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Bombay High CourtCAS/613/2017

Gopal Tendolkar And ANR. v. Dattu Laxman Chavan (Decd.) By His Lrs. 1a. Smt. Rukmini W/O Dattu Chavan And ORS.

2019-06-14Hon'Ble Shri Justice M. S. Karnik2 pages

1. CA 613-17.doc DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 613 OF 2017 IN SECOND APPEAL NO. 327 OF 1992 Gopal Ramu Tendolkar & anr.

..Applicants vs.

Dattu Laxman Chavan (since deceased) by his legal heirs & ors.

..Respondents ....

Shri Rajesh N. Kachare for applicants.

Shri M.M. Vashi, Senior Advocate a/w. Mrs. Aparna Deokar I/b. M.P. Vashi Asso. For respondents.

....

CORAM : M.S.KARNIK, J.

DATE : 14th JUNE, 2019 P.C. :

This is an application for bringing applicant Nos. 1(a) to (d) on record as the legal heirs of appellant No.1 in Appeal. The appellant No.1 died on 25/3/2016. The death certificate is annexed along with the application. There is a delay of 32 days in filing the application.

2.

For the reasons mentioned in the application in paragraph 3, the delay deserves to be condoned. 1/2

1. CA 613-17.doc 3.

Learned Senior Counsel for the respondents in all fairness did not oppose for condonation of delay and the application.

4.

The application is allowed in terms of prayer Clauses (i), (ii) and (iii).

5.

Amendments to be carried out within a period of 1 week from today.

6.

The Civil Application is disposed of.

7.

List the Appeal on 4/7/2019 for final hearing under the caption for 'Directions'.

(M.S.KARNIK, J.) 2/2