Allowed

Kerba Vithoba Guthal Since Deceased His Heirs v. the Settlement and Project Officer Ujjani Dam Pandharpur

Bombay HC13 Jun 2023IA/7717/2023

Case brief

AI extract

What is this about?

In an interim application, the Bombay High Court allowed the filing of legal heirs of a deceased appellant in a second appeal despite a nine-year delay, granting four weeks for the necessary amendment with no order as to costs.

What did the court decide?

Interim application allowed; amendment to be carried out within four weeks; no order as to costs.

Kerba Vithoba Guthal Since Deceased His Heirs Vs the Settlement and Project Officer Ujjani Dam Pandharpur — Bombay HC (2023) — LawSathi Research

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3-ia-7717-2023.doc

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Sonali

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Digitally signed by SONALI SONALI MILIND MILIND PATIL PATIL Date: 2023.06.23 10:08:26 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 7717 OF 2023 IN

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SECOND APPEAL NO. 836 OF 2005

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Keraba Vithoba Guthal since deceased through legal heirs Bhagwat Keraba Guthal & Ors. ...Applicants Versus The Settlement and Project Officer Ujjani Dam Pandharpur & Ors. ...Respondents

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Ms. Shradha K. Nakadi, i/b. Mr. Rupesh K. Bobade, for the Applicants.

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Mr. A. R. Patil, AGP, for Respondent Nos. 1 to 3-State.

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Ms. Bhavika Shinde a/w. Mr. Umesh Mankapure, for Respondent Nos. 4 and 5.

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CORAM : MADHAV J. JAMDAR, J. DATED : 13^th JUNE 2023

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P.C. :

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This Interim Application is taken out for bringing on record the

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legal heirs of deceased Appellant No.1A. Deceased Appellant No.1A

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passed away on 7^th September 2013. There is considerable delay of 9

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years and 96 days.

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However, Ms. Shradha Nakadi, learned counsel appearing for

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3-ia-7717-2023.doc

Sonali

the Applicants submits that the the Second Appeal was filed by the original Appellant Keraba Vithoba Guthal and after his death, heirs and legal representatives being Appellant Nos. 1A to 1E were brought on record. She submits that Appellant No. 1A passed away on 7^th September 2013. However, she submits that other Appellants i.e. Appellant Nos. 1C to 1E are already on record and they are prosecuting the appeal.

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Mr. A. R. Patil, learned Additional Government Pleader appearing for Respondent Nos. 1 to 3 and Ms. Bhavika Shinde, learned counsel appearing for Respondent Nos. 4 and 5 strongly oppose the application.

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However, for the reasons set out in the Interim Application, the same is allowed in terms of prayer clauses (a), (b) and (c).

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Amendment be carried out within a period of four weeks from today.

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The Interim Application is disposed of in above terms with no order as to costs.

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[MADHAV J. JAMDAR, J.]

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Kerba Vithoba Guthal Since Deceased His Heirs v. the Settlement and Project Officer Ujjani Dam Pandharpur

Case brief

What is this about?

What did the court decide?

Kerba Vithoba Guthal Since Deceased His Heirs v. the Settlement and Project Officer Ujjani Dam Pandharpur

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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