Mr. Sudhir Nanasaheb Deshpande v. Madho Shripad Deo (Deceased)Through Lrs-Laxmibai Madhao Deo And ORS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.443 OF 2015 IN FIRST APPEAL NO.515 OF 1989 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.
Mrs.S.P.Munshi i/b Mr.S.N.Deshpande for the applicant Mr.A.A.Garge for the respondent nos.3A to 3G i.e. 3(I) to 3(VII) and 5 Mr.A.R.Patil, A.G.P. For the respondent no.8
CORAM
: K.K.TATED, J.
DATED : 11/01/2016 PC:
Heard the learned counsel for the parties.
This application is for bringing legal heirs on record of deceased respondent no.1A, Mrs.Shalini Prabhakar Vatgikar who died on 18.8.2013.
Though legal heirs of deceased respondent no.1A is duly served, no one appeared on behalf of them when the matter was called out.
Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied 1/3
that the Applicant has made out a case for following order :
A) Civil Application is allowed in terms of prayer clause (a) which read thus:
"(a) That the names of the legal heirs 1A(a) Dr.Rohini Yashwanth Kulkarni, Respondent No.1A(b) Shri Ravindra Prabhakar Utgikar be brought on record of the First Appeal No.515 of 1989 and the First Appeal be accordingly allowed to be amended by the applicant."
B) Applicant to carry out appropriate amendment in First Appeal No.515 of 1989 within four weeks from today, failing which Civil Application shall stand dismissed without referring back to the court.
C) If amendment is carried out within stipulated time as stated hereinabove, office is directed to issue notice to the added respondent in First Appeal No.515 of 1989.
D) Applicant to provide amended copy of First Appeal to the respondent thereafter.
E) In addition to usual mode of service, Applicant is permitted to serve added Respondents in First Appeal by private notice either by registered post 2/3
A.D. and/or by hand delivery and file Affidavit of Service to that effect.
F) Civil application stands disposed off accordingly.
(K.K.TATED, J.) 3/3