This court granted an interim application to an applicant seeking to bring the deceased respondent's heirs on record for the Writ Petition, condoning the delay and directing amendments.
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.
7.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.13081 OF 2023
IN
WRIT PETITION NO.10456 OF 2014
SMT. MANDAKINI PRAKASH TANTAK & ANR.)...APPLICANT
V/s.
SHRI. HARISHCHANDRA EKNATH PAIGUDE)...RESPONDENT
Mr.Abhijeet Kandarkar, Advocate for the Applicants.
Ms.Deepa Punde i/b. Mr.Sachin Punde, Advocate for the Petitioner.
CORAM:ABHAY AHUJA, J.
DATE:6th JULY 2023
P.C. :
1.This is an application preferred by the heirs of the original sole
Respondent, who died on 2nd January 2022, to bring them on record in
the Writ Petition. There is also a delay of 262 days in preferring this
application.
2.Ms.Deepa Punde, learned Counsel for the Petitioner, has no
objection, if the application to bring the heirs referred to in paragraph 2
of the application is allowed.
avk 1/2
7.doc
3. Having heard the learned Counsel and having perused the application, let the delay of 262 days in preferring the application be condoned. Let the heirs referred to in paragraph 2 of the application be brought on record in the Writ Petition.
4. Interim Application accordingly stands disposed.
5. Let the Writ Petitioner/ Respondent in the Interim Application carry out the amendments within a period of three weeks. Let the amended copy of the Petition be served on the Respondents within a period of two weeks thereafter.
6. List the Writ Petition on 11th August 2023 .
(ABHAY AHUJA, J.)
avk 2/2
1 issue framed by the court
whether grant of condonation of delay of 262 days in filing application to bring heirs on record is permissible
2 provisions across 2 enactments
SMT. MANDAKINI PRAKASH TANTAK & ANR.
SHRI. HARISHCHANDRA EKNATH PAIGUDE...
ABHAY AHUJA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court