Allowed

Mr.Sunil Vishwanath Sannake-Deceased through Legla HIERS.1-A)SHRI.SAGAR Sunil Sannake and Ors. v. Shri. Dattaram Atmaram Sannake (Deceased) through 1-A) Smt.Mathura Dattaram Sannake and Anr.

Bombay HC8 Dec 2021IA/1279/2019

Case brief

AI extract

What is this about?

This order allowed an interim application to bring legal heirs and representatives of a deceased respondent on record. The court condoned the filing delay, directed amendments in related appeals, and permitted an impleaded heir to represent the newly added respondents without counsel.

What did the court decide?

Interim Application No. 1279 of 2019 allowed; necessary amendments directed within two weeks; liberty granted to circulate records.

Mr.Sunil Vishwanath Sannake-Deceased through… — Civil Procedure and Limitation | Bombay HC (2021)

¶1

5-FAST5495-2018+.DOC

¶2

AGK

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1279 OF 2019

¶4

IN

¶5

FIRST APPEAL ST. NO. 5495 OF 2018

¶6

Sunil Vishwanath Sannake, deceased ...Applicants/
through legal heirs 1A. Sagar Sunil Sannake Appellants
& Ors

¶7

Versus

¶8

Dattaram Atmaram Sannake, deceased ...Respondents
through 1A. Smt. Mathura Dattaram
Sannake & Anr

¶9

WITH

¶10

FIRST APPEAL ST. NO. 5495 OF 2018
WITH

¶11

CIVIL APPLICATION NO. 494 OF 2019

¶12

AND

¶13

CIVIL APPLICATION NO. 2062 OF 2018

¶14

Sunil Vishwanath Sannake & Ors

¶15

...Appellants

¶16

Versus

¶17

Digitally signed by ATUL ATUL GANESH GANESH KULKARNI KULKARNI Date: 2021.12.09 11:00:23 +0530

¶18

Dattaram Atmaram Sannake & Anr

¶19

Mr. for the Appellants/Applicants.
Mr. for the Respondents.

¶20

...Respondents

¶21

Page 1 of 3

¶22

5-FAST5495-2018+.DOC

¶23

CORAM:Smt. Bharati Dangre, J. DATED: 8th December 2021

¶24

P.C.:-

¶25

1.The Applicants/Appellants, by filing Interim Application
No. 1279 of 2019 seek to bring on record the heirs and legal
representatives of Respondent No. 1 on record. The
Application proceed to state that the Respondent No. 1 has
expired during the pendency of the Appeal and the Applicant
gained knowledge about his death on 05.08.2019 on a letter
being addressed by the Advocate for the Respondent, also
giving the list of his heirs and legal representatives. The delay,
if any, is, therefore, sought to be condoned since it is from the
date of knowledge, the Application is brought within the
period of limitation.

¶26

2.For the reasons aforesaid, the Interim Application is
allowed in terms of prayer clause (b).

¶27

3.The necessary amendments in the First Appeal as well
as Civil Application No. 494 of 2019 and Civil Application No.
2062 of 2018 be carried out within a period of two weeks
from today.

¶28

Page 2 of 3

¶29

5-FAST5495-2018+.DOC

¶30

4.I was inclined to issue notice to the newly added
Respondents but for appearance of Mr. Parshuram Dattaram
Sannake, proposed Respondent No. 1B, one of the legal heir
of Dattaram Atmaram Sannake. His identity has been
established by him by showing a photocopy of the Aadhar
card and the Voter Card stored in his mobile phone. Since he
offered to accept notice on behalf of all the newly impleaded
Respondents, issuance of notice is not necessary.

¶31

5.He states that he would be representing all the newly
added Respondents and is not desirous of engaging the service
of any Counsel. With the necessary permission being obtained
from the Registry, he may be allowed to do so.

¶32

6.Interim Application No. 1279 of 2019 is disposed of in
these terms.

¶33

7.Liberty to the Appellants to circulate the First Appeal
and pending Civil Applications after the amendments are
effected.

¶34

(Smt. Bharati Dangre, J.)

¶35

Page 3 of 3

Mr.Sunil Vishwanath Sannake-Deceased through Legla HIERS.1-A)SHRI.SAGAR Sunil Sannake and Ors. v. Shri. Dattaram Atmaram Sannake (Deceased) through 1-A) Smt.Mathura Dattaram Sannake and Anr.

Case brief

What is this about?

What did the court decide?

Mr.Sunil Vishwanath Sannake-Deceased through Legla HIERS.1-A)SHRI.SAGAR Sunil Sannake and Ors. v. Shri. Dattaram Atmaram Sannake (Deceased) through 1-A) Smt.Mathura Dattaram Sannake and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mr. Namdev Rama Wagh Decd through Lrs Vs Vinayak Krishnaji Divakar

Reliance General Insurance Company Limited Vs Smt. Nanda Ankush Ingale and Ors.

Jairaj Devidas and Ors. Vs M/S. Arun Bhoomi Corporation , Partnership Firm and Ors.

Dr. Nihal Dattatraya Devkar Vs Dr. Aishwarya Nihl Devkar

M/S. M. Pallonji and Co. Private Limited Vs Kirti N. Kapadia and Ors.

Bharti Santosh Bhosale Vs Municipal Corporation of Greater Mumbai Thr Municipal Commissioner and Anr.