Shri Dagadu Sukhadeo Malavadkar v. Shri Arjun Krishna Mule

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.450/2015 IN SECOND APPEAL NO.632/2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Dilip Bodake for the Applicant CORAM : K. K. TATED, J.

DATE : OCTOBER 5, 2015 P.C.:

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Heard. None for the Respondents, though duly served.

2.

This Application is made by the Plaintiff for bringing legal heirs on record of deceased Respondent No.9 Maruti Sukhdeo Malvadkar who died on 07/02/2014.

3.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

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4.

Hence, the following order:

a) Delay of 20 days in making the Civil Application is condoned.

b) Abatement is set aside.

c) The Applicant is permitted to bring on record the legal heirs of deceased Respondent No.9 Maruti Sukhdeo Malvadkar in Second Appeal as well as Civil Application within 6 weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court. d) If amendment is carried out within stipulated time as stated herein above, office is directed to issue notice to the added Respondent in the Second Appeal.

e) In addition to usual mode of service, the Applicant is permitted to serve the add Respondents by way of private notice either by RPAD and/or by hand delivery and to file an affidavit of service to that effect on or before next date, in Second Appeal.

f) Civil Application stands disposed off accordingly.

JUDGE 2/3

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

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