Shri. Allabaksh Mahammadsab Shaikh (Since Deceased Through Lrs.) v. Shri. Sangmeshwar Bandappa Kadadi And ORS

406.18-cao.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.406/2018 IN REVIEW PETITION ST NO.25055/2016 IN WRIT PETITION NO.7909/2014 Allabaksh Mahammadsab Shaikh ... Applicant V/s.

Sangmeshwar Bandappa Kadadi & Ors.

... Respondents Mr. A. B. Tajane for the Applicant

CORAM:

K.K. TATED J.

DATED :

AUGUST 31, 2018 (In Chamber at 2.45) P.C. :

Heard. By this Civil Application, the Applicant is seeking permission to allow them to bring on record the legal heirs of sole review Petitioner Allabaksh Mahammadsab Shaikh who died on 24.09.2017. The Civil Application has been filed on 30.11.2017. It is within time.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Civil Application and since the Civil Application filed is within time, we are of the opinion that the Applicant has made out a case for allowing the Civil Application. Hence, following order is passed.

a.

The Applicant is permitted to bring on record the legal heirs of deceased sole review Petitioner in the review petition Basavraj G. Patil 1/2

406.18-cao.doc within three weeks from today, failing whichthe Civil Application shall stand dismissed without further reference to the court. b.

If amendment is carried out within stipulated time as stated hereinabove, the Applicant is directed to provide an amended copy of the review petition along with all other pending proceedings, to the Respondent or their Advocate, immediately thereafter and file an Affidavit of Service to that effect.

c.

Civil Application stands disposed of accordingly. (K. K. TATED, J.) Basavraj G. Patil 2/2