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Supreme Court - Daily Orders

Dundya Hari Mate (D) Thr. L.Rs. vs Chindu Ganpat Mate Thr. L.Rs. on 8 May, 2015

Bench: Dipak Misra, S.A. Bobde

  ITEM NO.52                             COURT NO.5                 SECTION IX

                               S U P R E M E C O U R T O F      I N D I A
                                       RECORD OF PROCEEDINGS

  Petition(s) for Special Leave to Appeal (C)                  No(s).   13728/2015

  (Arising out of impugned final judgment and order dated 23/02/2015
  in CA No. 409/2013 in SA No. 658/2007 passed by the High Court of
  Bombay)

  DUNDYA HARI MATE (D) THR. L.Rs.                                    Petitioner(s)

                                                VERSUS

  CHINDU GANPAT MATE THR. L.Rs.                                      Respondent(s)

  (with appln. (s) for exemption from filing c/c of the impugned
  judgment and interim relief)


  Date : 08/05/2015 This petition was called on for hearing today.

  CORAM :                HON'BLE MR. JUSTICE DIPAK MISRA
                         HON'BLE MR. JUSTICE S.A. BOBDE

  For Petitioner(s)                Mr. Sudhanshu S. Choudhari, AOR
                                   Mr. Vatsalya Vigya, Adv.


  For Respondent(s)


                          UPON hearing the counsel the Court made the following
                                             O R D E R

It is submitted by Mr. Choudhari, learned counsel for the petitioner that the High Court has erroneously dismissed the application on the ground that the legal heirs were not brought on record though the legal heirs were on record.

In view of the aforesaid submission, we permit the petitioner to file an application for review of the order dated 23.02.2015 putting forth this stand. Needless to say, the review shall be considered exclusively on the basis of the said stand.

With the aforesaid observation, the special leave petition Signature Not Verified stands disposed of. Digitally signed by Gulshan Kumar Arora Date: 2015.05.11 16:17:18 IST Reason: (Gulshan Kumar Arora) (H.S. Parasher) Court Master Court Master