Allowed an interim application to bring the legal heirs of a deceased second appellant on record despite a delay of six years and 178 days, ordering the requisite amendment within four weeks.
Application to bring legal heirs on record allowed; amendment to be carried out within four weeks.
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3-ia-7718-2023.doc
Sonali
Digitally signed by SONALI SONALI MILIND MILIND PATIL PATIL Date: 2023.06.23 10:08:35 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 7718 OF 2023 IN
SECOND APPEAL NO. 836 OF 2005
Keraba Vithoba Guthal
since deceased through legal heirs Bhagwat Keraba Guthal & Ors. ...Applicants Versus The Settlement and Project Officer Ujjani Dam Pandharpur & Ors. ...Respondents
Ms. Shradha K. Nakadi, i/b. Mr. Rupesh K. Bobade, for the Applicants.
Mr. A. R. Patil, AGP, for Respondent Nos. 1 to 3-State.
Ms. Bhavika Shinde a/w. Mr. Umesh Mankapure, for Respondent Nos. 4 and 5.
CORAM : MADHAV J. JAMDAR, J. DATED : 13th JUNE 2023 P.C. :
legal heirs of deceased Appellant No.1B. Deceased Appellant No.1B passed away on 17th June 2016. There is considerable delay of 6 years
and 178 days.
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3-ia-7718-2023.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. 1B passed away on 17th June 2016. However, she submits that other Appellants i.e. Appellant Nos. 1C to 1E are already on record and they are prosecuting the appeal.
[MADHAV J. JAMDAR, J.]
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1 issue framed by the court
Whether the application to bring deceased appellant's legal heirs on record after a delay of over six years should be allowed.
Bhagwat Keraba Guthal & Ors.
The Settlement and Project Officer Ujjani Dam Pandharpur & Ors.
Madhav J. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
