Bombay High Court
Shri. Chaita Rupji Dungarkar vs Dhakal Rupjibhai Dungarkar Since ... on 18 November, 2019
Author: K.K.Tated
Bench: K.K. Tated
1.19-iaf.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Basavraj Interim Application No.1/2019
G. Patil In
Contempt Petition No.375/2019
Digitally signed by
Basavraj G. Patil with
Date: 2019.11.18
18:51:05 +0530
First Appeal No.1107/2019
Office Notes, Office Court's or Judge's orders.
Memoranda of Coram,
appearances, Court's
orders or directions
and Registrar's orders
Mr. Sachin Padiye I/b. Girish Agrawal for
the Applicant
Mr. Omkar Nagvekar I/b. Prabha
Badadare for the Appellant
CORAM: K.K.TATED, J.
DATED : NOVEMBER 18, 2019 P.C. 1 Today the matter is placed on board for speaking to the minutes of order dated 18.10.2019.
2 The cause title of the order dated 18.10.2019 shall be substituted as under:
Interim Application No.1/2019 In Contempt Petition No.375/2019 with First Appeal No.1107/2019 3 In line three, instead of Appellant it should be Petitioner.Basavraj G. Patil 1/4
1.19-iaf.odt 4 On page 2, para 3(b), line 2, instead of First Appeal it should be Contempt Petition.
5 On page 2, para 3(c), line No.8 instead of 08.11.2019 it should be 08.12.2019.
6 In view of the above, time to carry out appropriate amendment is extended till 30.11.2019.
7 Order dated 18.10.2019 stands corrected accordingly. Corrected order reads thus:
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Interim Application No.1/2019 In Contempt Petition No.375/2019 with First Appeal No.1107/2019 Office Notes, Office Court's or Judge's orders. Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Mr. Sachin Padiye I/b. G. R. Agrawal for the Applicant Mr. Omkar Nagwekar for the Appellant CORAM: K.K.TATED, J.
DATED : OCTOBER 18, 2019 P.C. 1 Mentioned. Not on board. At the request of the learned counsel for the Basavraj G. Patil 2/4 1.19-iaf.odt Applicant, taken on board.
2 This Application is for bringing the legal heirs on record of deceased sole Petitioner Dhakal Rupjibhai Dungarkar who died on 19.02.2018. As the delay in filing the application has already been condoned in Interim Application No.2/2019 and considering the submissions made by the learned counsel for the Applicant, I am satisfied that the Applicant has made out a case for allowing the Interim Application.
3 Hence, following order is passed:
a. The Interim Application is allowed in terms of prayer clauses (b) & (c) which read thus:
"(b) Name of Petitioner i.e. Dhakal Rupjibhai Dungarkar be deleted and the order of abatement against the said Petitioner be kindly set aside.
(c) Leave to amend the name of Petitioner i.e. Dhakal Rupjibhai Dungarkar be substituted by his heirs i.e. Appellant No.1A to 1C in Contempt Petition as shown in the title clause of this Civil Application."
b. The Applicant to carry out appropriate amendment in Contempt Petition and pending applications on or before 16.11.2019 failing which the Basavraj G. Patil 3/4 1.19-iaf.odt Interim Application shall stand dismissed without further reference to the court.
c. If amendment is carried out within stipulated time as stated hereinabove, the Applicant is directed to serve the Respondent along with entire amended proceedings, either by registered post AD and/ or by hand delivery and file an affidavit of service to that effect on or before 08.12.2019.
d. The Interim Application stands disposed of accordingly.
e. No order as to costs.
(K.K.TATED, J.) Basavraj G. Patil 4/4