Allowed

Veena Pujari and 2 Ors. v. Nagesh Ramkrishna Sandu and 5 Ors. (Def) and Preeti Parimi and Anr. (Prop. Res)

Bombay HC7 Jul 2023IA/994/2023

Case brief

AI extract

What is this about?

The High Court of Bombay allowed an interim application seeking permission to substitute a deceased defendant with his legal representatives, condoning the delay in filing the application due to the applicants' grief and shock.

What did the court decide?

Permission to substitute deceased defendant No.6 with proposed legal heirs as defendant Nos.6(a) and 6(b) after condoning delay; consequential amendment directed within two weeks.

Veena Pujari and 2 Ors. Vs Nagesh Ramkrishna… — Civil Procedure and Limitation | Bombay HC (2023)

¶1

12_IA994_23.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

¶3

INTERIM APPLICATION NO.994 OF 2023

¶4

¶5

SUIT NO.415 OF 2018

¶6

Veena Pujari and others	…	Applicants / Plaintiffs
Vs.
Nagesh Ramkrishna Sandu and others and	…	Defendants
Preeti Parimi and another	…	Proposed Respondents

¶7

Ms. M. S. Nalawade for Applicants / Plaintiffs. Mr. Jayesh Gawde for Defendant No.2. Ms. Tejas S. Bhide for Proposed Respondents.

¶8

CORAM : MANISH PITALE, J. DATE : JULY 07, 2023

¶9

P.C. :

¶10

By this application, the applicant / plaintiff is seeking permission to bring on record legal representatives of defendant No.6, who expired on 30.07.2022. Since there is delay of 41 days in moving the application, condonation of delay is sought along with the prayer for setting aside abatement qua defendant No.6.

¶11

Although the prayers made in the present application are opposed on behalf of defendant No.2, it is stated in the application that the applicants / plaintiffs were in a state of shock and grief due to the death of defendant No.6 and therefore, it took them some time to recover and take appropriate steps to file the present application. A copy of the death certificate is on record and the proposed legal representatives are also represented by a counsel.

¶12

MINAL Digitally signedby MINALSANDIP PARAB SANDIPPARAB Date:2023.07.1114:47:20+0530

¶13

This Court is convinced that the present application deserves to be allowed in the interest of justice.

¶14

1/2

¶15

12_IA994_23.doc

¶16

Accordingly, the application is allowed. Delay is condoned. Abatement is set aside and the applicants / plaintiffs are permitted to substitute deceased defendant No.6 with the proposed legal heirs, to be shown as defendant Nos.6(a) and 6(b). The consequential amendment be carried out within two weeks from today. Re-verification is dispensed with.

¶17

Ms. Bhide, learned counsel waives notice on behalf of defendant Nos.6(a) and 6(b).

¶18

Interim application stands disposed of.

¶19

(MANISH PITALE, J.)

¶20

Minal Parab

¶21

2/2

Veena Pujari and 2 Ors. v. Nagesh Ramkrishna Sandu and 5 Ors. (Def) and Preeti Parimi and Anr. (Prop. Res)

Case brief

What is this about?

What did the court decide?

Veena Pujari and 2 Ors. v. Nagesh Ramkrishna Sandu and 5 Ors. (Def) and Preeti Parimi and Anr. (Prop. Res)

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

Similar cases

The Cosmos Co-Operative Bank Ltd. Vs Krishna Structural Steel(India)Ltd

The Cosmos Co. Op Bank Ltd. Vs Mitsu Book Private Ltd.

The Cosmos Co-Operative Bank Ltd. Vs Mitsu Book Private Ltd. and 3 Ors.

K Sera Sera Box Office Private Limited vs Niba Enterprises

The Cosmos Co-Operative Bank Ltd. Vs M/S. New Laxmi Medical and General Store and 2 Ors.

Khanna Rayon Industries Pvt.Ltd. Vs Swastik Associates and 7 Ors.