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Bombay High CourtCAW/1011/2019

Shri. Shiva Dadu Patil Dedc Thru Lr And ANR v. Shri. Dattatraya Dadoba Karale And ORS

2019-06-18Hon'Ble Shri Justice A.S. Gadkari2 pages

ssm 1 9-caw1011.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1011 OF 2019 IN WRIT PETITION NO. 6316 OF 2018 Shiva Dadu Patil & Ors.

.....Applicants.

Vs.

Dattatraya Dadoba Karale & Ors.

.....Respondents.

Mr. S.S. Koregave for the Applicants.

Mr. Manoj Patil for the Respondent No.1.

CORAM : A. S. GADKARI, J.

DATE : 18th JUNE, 2019.

P.C.:­ This is an Application for bringing legal heirs of Petitioner No.1 on record. The Petitioner No.1 has expired on 21st July, 2018 i.e. after filing of the present Petition. There is a delay of 40 days in filing the Application for bringing the legal heirs on record. The delay in bringing legal heirs on record has been properly explained by the Applicants.

In view thereof and for the reasons stated in the Application, I am inclined to condone the delay. Application is accordingly allowed in terms of prayer clauses (a) and (b). 1/2

ssm 2 9-caw1011.19.doc The Petitioner is directed to carry out necessary amendment in the cause title of the Petition within a period of two weeks from today and an amended copy of the Petition be served upon the learned counsel for the Respondent No. 1 within the same stipulated period.

Civil Application is accordingly allowed in the aforesaid terms.

(A.S. GADKARI, J.) 2/2