Smt. Shobha Shankar Isapure And Another v. Akkatai Baburao Patil And Others

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1580 OF 2015 IN SECOND APPEAL NO.395 OF 2012 Shobha Shankar Isapure and Anr.

.... Applicants V/s.

Akkatai Baburao Patil and Ors.

.... Respondents Ms. Anjali R. Shiledar Baxi for the Applicants. Ms. Geetanjali Koli, i/by Mr. Vijay Killedar, for Respondent Nos.1 to 7. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 6 TH AUGUST, 2018.

P.C. :

1.

Heard Ms. Baxi, learned counsel for the Applicants, and Ms. Koli, learned counsel for Respondent Nos.1 to 7.

2.

This is an application to bring the legal heirs of deceased Respondent No.8 on record.

3.

It is submitted that, all the legal heirs of deceased Respondent No.8 are already served by private notice and through Court notice also; though as per the 'Bailiff's remark', Respondent No.8(d) is not served. It is submitted that, Respondent No.8(d) is minor and on his behalf, Respondent No.8(a) has accepted the summons.

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4.

In view thereof, this Civil Application is allowed. Learned counsel for the Appellants to carry out necessary amendment in the Appeal Memo within a period of two weeks from today. 5.

Second Appeal be placed for admission on 5th September 2018. 6.

Civil Application is disposed off in the above terms. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 CAS-1580-15.doc