The High Court of Judicature at Bombay allowed the impleadment application with condonation of delay for bringing legal heirs of a deceased respondent on record in a Second Appeal.
Impleadment of legal heirs of respondent No. 5 allowed; deletion of respondents 7.1 and 7.4 ordered.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.72 OF 2017 IN SECOND APPEAL NO.823 OF 2016 WITH CIVIL APPLICATION NO.1627 OF 2016 IN SECOND APPEAL NO.823 OF 2016 WITH SECOND APPEAL NO.823 OF 2016
Shri. Mohan Kaka Sawant And Others …Applicants (Original Appellants/Plaintiffs)
vs.
Block Development Officer Panchayat Samitee, Tal. Khanapur, Dist. Sangli and Others …Respondents (Original Defendants)
Ms. Shubhada S. Gokhale, for the Applicants.
CORAM : S.C. GUPTE, J.
DATED : 17 JANUARY 2017
P.C. :
. This Civil Application seeks impleadment of legal heirs of deceased Respondent No.5 and deletion of Respondent No.7.1 and 7.4, since these Respondents have died and their heirs are already on record. There is a delay in filing an application for bringing legal heirs of deceased Respondent No.5 on record. The delay is explained in the Civil Application. For the reasons stated in the Civil Application, the delay is
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condoned and the impleadment application is allowed in terms of prayer clauses (a), (b) and (d). The amendment to be carried out within one week. The ad-interim relief operating in the Second Appeal to continue until the next date. The appeal is stood over to 6 February 2017.
( S.C. GUPTE, J. )
1 issue framed by the court
Whether the delay in filing an application for impleadment of legal heirs of deceased respondent No. 5 could be condoned.
Shri. Mohan Kaka Sawant And Others
Block Development Officer Panchayat Samitee, Tal. Khanapur, Dist. Sangli and Others
S.C. Gupte
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
