Sou.Sharada Nanasaheb Patil And Others v. Shri Appaso Jivappa Chougule And Others

11 cas548-17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.548 OF 2017 IN SECOND APPEAL NO.114 OF 1991 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Sukhman Rait i/b Mr.S.S.Patwardhan for the applicant Mr.T.S.Ingale for the respondent no.1 CORAM : K. K. TATED, J.

DATE : DECEMBER 21, 2017 P.C.:

1.

Heard.

2.

This application is for carrying out amendment in cause title of Second Appeal No.114 of 1991 showing respondent nos.2B i.e. Dhondubai Mahadeo Bodke as deceased.

3.

Considering the submissions made by the learned counsel for the applicant and the averments made in Civil Application, I am satisfied that the applicant has made out a case for allowing Civil Application. Hence, following order is passed:

Mohite 1/2

11 cas548-17 A) Civil Application is allowed in terms of prayer clause (a) and (aa) which reads thus:

"(a) The applicants be allowed to amend the Cause title of the aforesaid Second Appeal No.114 of 1991 by adding the word 'deceased'

against the name of the respondent No.2B i.e. Dhondubai Mahadeo Bodke.

(aa) Delay 1 years 117 days may be condoned."

B) Applicant to carry out amendment during the course of the day.

(C) Civil Application is disposed of accordingly. (K.K.TATED, J.) Mohite 2/2