Waman Dadu Shinde And ORS. v. Narayan Dadu Shinde And ORS.

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.110/2014 IN SECOND APPEAL NO.584/2005 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S. T. Bhosale i/b. Dilip Bodke for the Applicant Mr. Akshay Shinde i/b. A. M. Kulkarn for the Respondent No.1.

CORAM : K. K. TATED, J.

DATE : SEPTEMBER 16, 2015 P.C.:

1.

Heard. This Application is for bringing legal heirs on record of deceased Respondent No.4A Maruti Parasram Shinde.

2.

Office note shows that though the Respondents are duly served, none appeared for them. Office note also shows that the Civil Application stood dismissed against Respondent No.4A(ii) Manoj Suryakant Shinde as per order dated 23/02/2015 passed by the Registrar.

3.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied 1/4

that the Applicant has made out a case for allowing the present Civil Application.

4.

Hence, the following order:

a) Delay in preferring the Civil Application is condoned.

b) Abatement is set aside.

c) The Applicant to bring legal heirs on record of deceased Respondent No.4(A) Suryakant Maruti Shinde, 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 hereinabove, the office is directed to issue notice to added Respondent in Second Appeal.

e) 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.

f) Office is directed to make appropriate noting in the cause title of the Second Appeal that Second 2/4

Appeal stood dismissed against legal heir Respondent No.4a(ii) Manoj Surykant Shinde.

g) Civil application stands disposed off accordingly.

JUDGE 3/4

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

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