Allowed

Shri.Dattatraya Shankar Patil (Deceased Thru Lrs) 1A) Shri.Shankar Keshav Patil and Ors. v. Smt. Hashmatbi Gulab Pathan(Since Decd.Thr.Lrs) Salim Gulab Pathan Ors.

Bombay HC21 Nov 2022IA/19846/2022

Case brief

AI extract

What is this about?

An interim application to bring legal heirs of a deceased respondent on record was allowed as the delay was attributable to the Supreme Court's suspension of limitation periods due to the Covid pandemic. Notice to new heirs directed for December 2022.

What did the court decide?

Application allowed; appeal memo to be amended to add Respondents 11-A to 11-F; notice issued; returnable on 12.12.2022.

Shri.Dattatraya Shankar Patil (Deceased Thru Lrs)… — Succession and Inheritance | Bombay HC (2022)

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12-sa-808-2019.doc

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Pallavi

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Digitally signed by PALLAVI PALLAVIMAHENDRAWARGAONKAR MAHENDRAWARGAONKARDate:2022.11.24 11:39:44 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.19846 OF 2022 IN

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SECOND APPEAL NO.808 OF 2019

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Shri. Dattatraya Shankar Patil (Deceased)
Through LR’s Shri Shankar Keshav Patil& Anr.…Applicants
In the matter of
Shri. Dattatraya Shankar Patil & Anr....Appellants
Versus
Smt. Hashmatbi Gulab Pathan (Deceased)
Through LR’s Salim Gulab Pathan and Ors.…Respondents

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Mr. Nikhil N. Pawar, for the Applicants/Appellants.

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CORAM:MADHAV J. JAMDAR, J.
DATE:NOVEMBER 21, 2022

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P.C.:

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1. This is a Civil Application to bring on record the legal heirs

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of Respondent No.11. Respondent No.11 expired on 14th October
2020 and Interim Application is filed on 25th July 2022. Due to
Covid Pandemic, the Supreme Court suspended the limitation
period from 15th March 2020 to 28th February 2022. Therefore,
there will be delay of about 2 months in bringing on record the
heirs of Respondent No.11. This Court by order dated 21st January
2020 has issued notice to the Respondents. When the said notice
was sought to be served on Respondent No.11, it transpired that

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12-sa-808-2019.doc

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Respondent No.11 had passed away on 14th October 2020. Hence,
for the reasons set out in the civil application, the same is allowed
in terms of prayer clause (b). Amendment to be carried out within
a period of one week. After the Appeal Memo is amended, notice
be issued to the newly added heirs of Respondent No.11 i.e.
Respondent Nos.11-A to 11-F, returnable on 12th December 2022.

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2. Interim application is disposed of in above terms.

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(MADHAV J. JAMDAR, J.)

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Shri.Dattatraya Shankar Patil (Deceased Thru Lrs) 1A) Shri.Shankar Keshav Patil and Ors. v. Smt. Hashmatbi Gulab Pathan(Since Decd.Thr.Lrs) Salim Gulab Pathan Ors.

Case brief

What is this about?

What did the court decide?

Shri.Dattatraya Shankar Patil (Deceased Thru Lrs) 1A) Shri.Shankar Keshav Patil and Ors. v. Smt. Hashmatbi Gulab Pathan(Since Decd.Thr.Lrs) Salim Gulab Pathan Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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