The High Court allowed an interim application bringing deceased applicants' legal heirs on record. The court directed amendment within four weeks and service of the amended copy within two weeks thereafter.
Application allowed; amendment to be made within four weeks; amended copy to be served within two weeks.
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.
902-IA-13589-2023-CAW-41-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.13589 OF 2023 IN
WRIT PETITION NO.5410 OF 2012
SMT. SUSHILA MADHUKAR GURAV & ORS. )...APPLICANTS
V/s.
SAKAL NARAYAN J SHARMA (deceased) THRU LHRS AND OTHERS
)...RESPONDENTS
WITH CIVIL APPLICATION NO.41 OF 2018 IN WRIT PETITION NO.5410 OF 2012
Ms.Pramila Prajapati i/by Mr. Omprakash Pandey, Advocate for the Applicants/Petitioners.
Mr.Yash Tiwari i/by K.P.Tiwari & Co., Advocate for Respondent No.1.
CORAM : ABHAY AHUJA, J. DATE : 8th AUGUST 2023
P.C. :
deceased Petitioner. Ms.Pramila Prajapati, learned Counsel for the Applicants, draws the attention of this Court to paragraph 2 of the said Application to submit that the original Petitioner died on 10th August 2020 at Mumbai leaving behind the heirs and legal representatives
avk 1/3
902-IA-13589-2023-CAW-41-2018.doc
mentioned in the schedule to the application. Learned Counsel would submit that since there was Covid pandemic, the Application could be filed only on 25th September 2020. Learned Counsel submits that there is no delay in filing the said application and the application be allowed. Mr.Yash Tiwari, learned Counsel for the Respondent no.1, has no objection, if the Application is allowed.
INTERIM APPLICATION NO.13591 OF 2023 AND
INTERIM APPLICATION NO.13584 OF 2023
902-IA-13589-2023-CAW-41-2018.doc
yet to be allowed, which is allowed today, this amendment could not be carried out. Accordingly, the time to carry out the amendment is extended by a period of four weeks. Let the amendment be carried out within this time and let the amended copy be served on the other side within a period of two weeks thereafter.
WRIT PETITION NO.5410 OF 2012
(ABHAY AHUJA, J.)
avk 3/3
1 issue framed by the court
Whether to allow an interim application seeking to bring deceased petitioner's heirs on record.
Smt. Sushila Madhukar Gurav & Ors.
Sakal Narayan J Sharma (deceased) Thru LHRs and Others
Abhay Ahuja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
