Sou. Shantabai Shankar Todkar (Since Deceased Thr. Lrs) v. Shri. Bhau Mahadev Mali (Deceased Thr. Lrs)

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.1414/2015 IN SECOND APPEAL NO.303/1990 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. V. S. Tadke i/b. M. L. Patil for the Applicant Mr. Chetan Patil 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.1F Sou. Shantabai Shankar Todkar who died on 27/05/2015.

2.

Adv. Mr. Chetan Patil, Advocate makes a statement that he received instructions to appear on behalf of legal heirs of deceased Respondent No.1F. He seeks some time to file vakalatnama on behalf of legal heirs of Respondent No.1F.

3.

Considering the submissions made by the learned counsel for the Applicant and the no­ objection given by the advocate for the legal heirs 1/3

of deceased Respondent No.1F, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

4.

Hence, the following order:

a) Delay in making the Civil Application is allowed.

b) The Applicant is directed to bring legal heirs on record of deceased Shantabai Shankar Todkar in Second Appeal within 6 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 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.

d) The learned counsel for the legal heirs of deceased Respondent No.1F waives service in Second Appeal.

e) Civil application stands disposed off accordingly.

JUDGE 2/3

CERTIFICATE Certified to be true and correct copy of the original signed order.

3/3