1.Maruti Pandurang Patil vs. 1. Smt. Chandabai Shivram Chavan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

CIVIL APPLICATION NO. 706 OF 2012 IN SECOND APPEAL NO.651 OF 2007

Mr. V.B. Rajure for the Applicants. Mr. Gajanan Savagave for Respondent no.1.

PC:

1 Heard the learned counsel for the parties.

2 This Application is preferred by original Defendant nos.1 to 8 and 14 for bringing legal heirs on record of deceased Respondent no.2 – Chandabai Jayaram Patil who died on 11th December, 2011.

3 The learned counsel appearing on behalf of the Applicants states that they already filed affidavit of service bearing Stamp No. 5606 of 2012 in Registry on 14th June, 2012.

4 Considering the submissions made by the learned counsel for the Applicants and the averments made in the Civil Application, I am satisfied that the Applicants have made out case for condonation of 30 days delay in preferring the Civil Application for bringing legal heirs on record of deceased Respondent no.2. Civil Application is allowed in terms of prayer clauses (c) and (d) which read thus:

"c) The abatement of the Appeal be kindly set aside by condoning the delay of 30 days in filing this Application.

d) This Application be kindly granted by issuing directions to amend the title of the Appeal by inserting the names of Respondent No.2(a) Shri Mohan Jayaram Patil, 2(b) Sow. Kalpana Dnyanadev Patil and 2(c) Smt. Ranjana Madhukar Patil."

5 Applicants to carry out amendment within four weeks from today. If the amendment is not carried out within stipulated time, the Civil Application shall stand dismissed without referring back to the court.

6 Civil Application is disposed of accordingly.

(K.K.TATED, J.)

katkam