The court allowed and disposed of an interim application seeking to bring the legal heirs of a deceased respondent on record. The delay in filing the application was condoned in the interest of justice.
Application to bring legal heirs of deceased respondent on record allowed in terms of prayer clauses (a) and (b).
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1 ia-1-19 in sa-826.19 - 4.odt
pmw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1 OF 2019 IN
SECOND APPEAL NO.826 OF 2019
Smt. Sarita Rajaram Ghag and Ors. … Applicants Vs.
Dattaram Tukaram Ghag and Ors. … Respondents
Mr. Vishwanath Talkute i/b. Mr. Shankar Maruti Katkar for the Applicants.
None for the Respondents.
CORAM : SMT. SADHANA S. JADHAV, J.
DATE : 17th DECEMBER 2019.
P.C.:
1 These are applications seeking relief of bringing the legal
heirs on record in second appeal. Application No.1 of 2019 is filed for bringing the legal heirs of Dattaram Ghag on record who happens to be Respondent No.1 in the second appeal. The Respondent No.1 has expired on 25th June 2019. The death certificate is on record. There is delay of 26 days in filing the application.
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2 ia-1-19 in sa-826.19 - 4.odt
2 It is submitted that since the suit is for partition and
possession of ancestral property appellant could not contact her Advocate immediately and therefore, there is a delay of 26 days. For the reasons assigned in paragraph Nos.6 and 7 of the application the delay of 26 days deserves to be condoned in the interest of justice and the application deserves to be allowed in terms of prayer clauses (a) and (b). Application is allowed and disposed of.
(SMT. SADHANA S. JADHAV, J.)
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2 issues framed by the court
Whether delay of 26 days in filing application to bring deceased respondent's heirs on record deserves condonation.
Whether application to bring legal heirs of deceased respondent on record should be allowed.
1 provisions across 1 enactments
Smt. Sarita Rajaram Ghag and Ors.
Dattaram Tukaram Ghag and Ors.
Sadhana S. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
