Krishna Babu Khatave v. Bhagwan Babu Phadtare

CAA-1185-15 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO.1185 OF 2015 WITH APPEAL FROM ORDER NO.567 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. N. J. Patil for the applicant.

Mr. Shardul Singh i/b Mandar Limaye for respondent.

CORAM : K. K. TATED, J.

DATED : 13/08/2015.

P.C.:

1.

This is an application for restoration of Appeal from Order No.567/2014.

2.

Civil Application No.688/2014 was dismissed for non compliance of the order dated 30/3/2015 passed by this Court for appropriate amendment for bringing legal heirs of the deceased within stipulated time.

3.

The learned counsel for the respondent submitted that the respondent has no objection. 4.

Considering the submission of the learned

CAA-1185-15 Counsel for applicant, I am satisfied that the applicant has made a case for allowing this Civil Application. Hence the following order.

(a) Delay is condoned.

(b) Time to comply with the order dated 30/3/2015 passed by this Court is extended till 15/9/2015.

(c) Civil Application No.688/2014 and Appeal from Order No.567/2014 is restored for hearing on merits.

(d) If the applicant fails to bring the legal heirs on record within the stipulated time as per order dated 30/3/2015, the present Civil Application No.1185/2015 shall stand dismissed.

(e) If amendment is carried out within the stipulated time, the applicant to serve the amended copy of Civil Application No.688/2015 and Appeal from Order No.567/2014 on the respondents immediately thereafter.

(f) The Civil Application stands disposed of.

(K.K.TATED, J.)