The court allowed an application seeking deletion of Respondent No. 5 from the party array, condoning a delay of over 9 years since the deceased respondent's heirs were already impleaded.
Necessary amendment to delete Respondent No. 5 from the party array must be carried out within two weeks from today.
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.
951-a. CAS 914.19.doc
1
JPP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 914 OF 2019 IN SECOND APPEAL (St.) NO. 29545 OF 2017
Smt. Radhabai Tukaram Walunj and Anr. … Applicants/Appellants
V/s.
Sonu Dagdu Walunj (since deceased) through legal heirs and Ors.
... Respondents.
Ms. Divya Pawar – Patil I/b. Anusha Amin for the Applicants/Appellants.
CORAM : N.M. Jamdar, J.
DATE : 26 July, 2019.
P.C. :-
This is an application for deleting the name of Respondent No.5 from the array of parties. It is stated in the application on oath that the heirs of deceased Respondent No.5 are already on record as Respondent Nos. 2 to 4, 6 and 7.
951-a. CAS 914.19.doc
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(N.M. Jamdar, J.)
1 issue framed by the court
Whether the delay of 9 years and 315 days in filing the application for deletion of a party can be condoned.
Smt. Radhabai Tukaram Walunj and Anr.
Sonu Dagdu Walunj (since deceased) through legal heirs and Ors.
N.M. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
