Allowed

Arun Madhukar Kerkar v. Chandrakant Shankar Patkar and Ors.

Bombay HC29 Apr 2013CAW/1114/2013

Case brief

AI extract

What is this about?

, the High Court allowed the Civil Application to bring the heirs of Respondent No.1 on record. The court found no delay as information was obtained after the death became known. It ordered amendment of the petition and issuance of fresh notices to heirs, hearing the matter impersonally at the admission stage.

What did the court decide?

Civil Application allowed; amendment directed within one week; fresh notice to heirs issued; case to be disposed of at admission stage.

Arun Madhukar Kerkar Vs Chandrakant Shankar… — Civil Procedure and Limitation | Bombay HC (2013)

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caw-1114.13

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO.1114 OF 2013 IN WRIT PETITION NO.7408 OF 2012

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Arun Madhukar Kerkar : Applicant.

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In the matter between

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Arun Madhukar Kerkar : Petitioner. Versus Chandrkant Shankar Patkar & Anr. : Respondents.

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Mr. Gandhar Raikar for the Applicant/Petitioner.

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CORAM : R. M. SAVANT, J. DATE : 29^th April 2013

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P.C.

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1 The above Civil Application has been filed for bringing the heirs of the Respondent No.1 on record. The names of the heirs of the Respondent No.1 are mentioned in Schedule-I to the Civil Application. The Respondent No.1, as per the averments made in the above Civil Application, has expired on 25/12/2012 which fact became known to the Petitioner when the matter was before the Trial Court. However, the Petitioner got the information about the heirs of the Respondent No.1 after he obtained the information from the VasaiVirar Municipal Corporation. Hence considering the averments made in the above Civil Application, the Civil Application does not suffer from any delay. The same is accordingly allowed in terms of prayer clauses (a) and (b). Amendment to be carried out in the Petition within one week from date.

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caw-1114.13

2 On such amendment being carried out, issue fresh notice to the heirs of the Respondents, returnable after six weeks. In addition to service of notice through Court, the advocate for the Petitioner shall serve a private notice by Registered Post A.D. and/or by Courier service and/or by hand delivery on the heirs of the Respondent No.1 and shall file affidavit of service before the returnable date.

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3 The parties are put to notice that in view of the narrow controversy involved, the above Civil Revision Application may be heard and disposed of finally at the stage of admission.

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4 Ad-interim relief granted earlier vide order dated 2/11/2012 to continue until then.

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5 The above Civil Application is accordingly disposed of.

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[R.M.SAVANT, J]

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lgc

Arun Madhukar Kerkar v. Chandrakant Shankar Patkar and Ors.

Case brief

What is this about?

What did the court decide?

Arun Madhukar Kerkar v. Chandrakant Shankar Patkar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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