Bombay High Court

CAS/1916/2006 of HINDU HARI SHINDE and ORS. Vs BAPU KRISHNA JADHAV and ORS. on 22 December 2006

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SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.1916 OF 2006 IN SECOND APPEAL NO.390 OF 2002 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders.

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FARAD CONTINUATION SHEET NO.:

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE

CIVIL APPLICATION NO.1916 OF 2006

IN

SECOND APPEAL NO.390 OF 2002

------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders.

coram, appearances, Court’s orders :

or directions and Registrar’s :

orders. :

------------------------------------:----------------------------------- Ms.Anjali N.Helekar, for the applicants.

CORAM: D.B.BHOSALE,J.

DATED: 22.12.2006

P.C.:

Heard the learned counsel for the

applicants.

By this civil application, the

applicants have prayed for allowing them to bring heirs and the legal representatives of deceased respondent no.5 on record. The application is within time. Hence, it is allowed in terms of prayer clause (a). The applicants to carry out the amendment within three weeks from today failing which the appeal shall stand dismissed for nonprosecution against the heirs of respondent no.5. After the amendment is carried out in the appeal, as aforestated, issue notice to the heirs of deceased respondent no.5, returnable in four weeks therefrom.

In addition to the court notice, the applicants are directed to give advocate’s notice to the unserved respondents either personally or through R.P.A.D./speed post/e-mail/fax and file an affidavit of service before the returnable date.

The civil application is disposed of

(D.B.BHOSALE,J.)

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