Interim applications in a writ petition were disposed of. TheHigh Court condoned a 153-day delay in filing an application to bring deceased respondent's legal heirs on record and directed the substitution of parties.
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.
1 9 ia 13248-23 with ia 13249-23 in wp 8453-23-c.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.13248 OF 2023
WITH
INTERIM APPLICATION NO.13249 OF 2023
IN
WRIT PETITION NO.8453 OF 2023
Shri Satyawan Madhukar Labde… Petitioner/Applicant
Vs.
Shri Vasant Govind Tilak
(Since deceased through legal heirs)
Ms. Sunanda Madhavrao Vaidya and anr. … Respondents
Mr.K.L.Vyas with Mr.Karan K. Vyas, Advocates for the
Petitioner/Applicant.
Ms.Leena Temkar i/by Mr.Deepak Jamsandekar, Advocates for the
Respondents.
CORAM :ABHAY AHUJA, J.
DATE :10 JULY, 2023.
P.C.:
INTERIM APPLICATION NO.13249 OF 2023
1. This is an interim application seeking to bring on record the heirs of
deceased-Respondent No.2. There is also a delay of 153 days in preferring
this application.
1 of 3
Priya R. Soparkar
2 9 ia 13248-23 with ia 13249-23 in wp 8453-23-c.doc
2.Mr.K.L.Vyas, learned counsel for the Applicant draws the attention
of this court to paragraphs No.5 to 7 of the application and submits that
there are two legal heirs, one of them is Respondent No.1 who is already
party to the proceedings and only the second legal heir Shri Pradeep
Madhavrao Vaidya whose address mentioned in paragraph No.6 is to be
brought on record.
3. Ms.Leena Temkar, learned counsel for the Respondents in the petition has no objection if the application is allowed.
4.Having heard the learned counsel and having perused the
application, let the delay of 153 days in filing this application be
condoned.
6.Let Mr.Pradeep Madhavrao Vaidya be brought on record as the
legal heir and representative in place of Respondent No. 2 alongwith Mr.
Dilip Madhavrao Vaidya.
7. Let the above as well as the proposed amendments in schedule-1 also be carried out within a period of two weeks.
2 of 3
Priya R. Soparkar
3 9 ia 13248-23 with ia 13249-23 in wp 8453-23-c.doc
8. Accordingly, Interim Application stands disposed of.
WRIT PETITION NO.8453 OF 2023
9. Let the copy of the amended petition as well as the other applications be served on the other side within a period of two weeks thereafter.
10. List the petition on 8th August, 2023.
(ABHAY AHUJA, J.)
3 of 3
Priya R. Soparkar
Shri Satyawan Madhukar Labde
Shri Vasant Govind Tilak
Ms. Sunanda Madhavrao Vaidya
Abhay Ahuja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court