Allowed

Mahavir Narsu Aitwade v. Shripati Shankar Bhatmare and Others

Bombay HC25 Jan 2023IA/2216/2021

Case brief

AI extract

What is this about?

In an interim application connected to Writ Petition No. 950 of 2020, the single judge allowed the applicant to bring legal heirs of deceased Respondent No.6 on record, delete the name of Respondent No.5, and amend the cause title within two weeks.

What did the court decide?

Permission to bring legal heirs of deceased Respondent No.6 on record, delete Respondent No.5's name, and amend the cause title within two weeks.

Mahavir Narsu Aitwade Vs Shripati Shankar… — Civil Procedure and Limitation | Bombay HC (2023)

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P-3.ia.2216.21.doc

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S.S.Kilaje

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 2216 OF 2021

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IN

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WRIT PETITION NO. 950 OF 2020

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Mahavir Narsu Aitwade ..Applicant
In the matter between
Mahavir Narsu Aitwade ..Petitioner
 Versus
Shripati Shankar Bhatmare and Ors...Respondents

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Mr. Prasad Keluskar i/by Mr. Drupad Patil for Applicant

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CORAM:MILIND N. JADHAV, J.
DATE:JANUARY 25, 2023.

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P.C.:

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1. Mentioned. Not on Board. Taken on Board.

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2. Heard Mr. Keluskar, learned Advocate for Applicant.

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3. Perused the praecipe dated 25.01.2023.

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4. This Interim Application has been filed for bringing legal heirs of deceased Respondent No.6 on record.

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5. Mr. Keluskar would submit that Respondent No.5 is the mother of Respondent No.6 who has expired on 28.08.2020 whereas Respondent No.6 had expired on 14.09.2020.

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6. The names of the legal heirs of Respondent No.6 are given in the cause title of the Interim Application. Admittedly, there is no delay.

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P-3.ia.2216.21.doc

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7. For the reasons mentioned in Interim Application, Interim
Application is allowed in terms of prayer clauses (a), (b), (c) and (d)
which reads thus:-

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“(a) This Hon’ble Court may kindly be allow the present Application;

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(b) This Hon’ble Court may allow Applicant to delete the name of
Respondent No.5 from cause title of Writ Petition.

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(c) This Hon’ble Court may be pleased to permit the Applicant to bring on
record heirs of the deceased Respondent No.6

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(d) This Hon’ble Court may kindly be permit the Applicants to carry out
the amendment in the cause title of Writ Petition No. 950 of 2020 in
accordance with the present Application.”

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8. Necessary amendment be carried out within a period of two

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weeks from today and copy of the same be served upon the learned
Advocate for Respondents before the next date. Re-verification is
dispensed with.

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9. Interim Application is disposed.

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10. List the Writ Petition on 22nd February, 2023.

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[ MILIND N. JADHAV, J. ]

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SONALI Digitally signedby SONALI SATISH SATISH KILAJEDate: 2023.01.27 KILAJE 10:43:11 +0530

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Mahavir Narsu Aitwade v. Shripati Shankar Bhatmare and Others

Case brief

What is this about?

What did the court decide?

Mahavir Narsu Aitwade v. Shripati Shankar Bhatmare and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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