Single Judge allowed the Civil Application to bring legal heirs of a deceased respondent on record, condoning delay and setting aside abatement.
Civil Application allowed; delay condoned; abatement set aside; amendment directed within two weeks; re-verification dispensed with.
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16(i).caw.1281.23.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 1281 OF 2019
IN
WRIT PETITION NO. 473 OF 2013
Dhondu Mahadev Ghatge..Applicant
IN THE MATTER BETWEEN
Dhondu Mahadev Ghatge and Ors...Petitioners
Versus
Balkrishna Laxman Sukhali
(Since Deceased) Through Legal heirs and Ors...Respondents
Mr. Kayval P. Shah, Advocate for Applicant / Petitioners.CORAM :MILIND N. JADHAV, J. DATE :JANUARY 09, 2024.
P.C.:
1. Heard Mr. Shah, learned Advocate for Applicant.
2. This Civil Application has been filed by the Applicant for
bringing the legal heirs of deceased Respondent No.2 on record.
Deceased Respondent No.2 has expired on 04.08.2017 in the
interregnum. There is a delay of 1 year and 145 days in filing the Civil
Application. The details of the legal heirs are stated in paragraph No.3
of the Civil Application.
3. Perused the Civil Application.
4. For the reasons mentioned in the Civil Application and more
specifically in paragraph No.8 thereof, Civil Application stands allowed
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16(i).caw.1281.23.doc
in terms of prayer clauses ‘a’, ‘b’, ‘c’ and ‘d’. Delay of 1 year and 145
days stands condoned. Abatement, if any, also stands set aside.
Amendment to be carried out within a period of two weeks from today.
Re-verification stands dispensed with. Copy of the amended Writ
Petition be served on the other side.
5. With the above directions, Civil Application is disposed.
[ MILIND N. JADHAV, J. ]
Ajay
Digitally signed by AJAY AJAY TRAMBAK TRAMBAK UGALMUGALE UGALMUGALE Date: 2024.01.09 18:21:24 +0530
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1 issue framed by the court
Whether the Civil Application to bring legal heirs of a deceased respondent on record be allowed despite delay.
1 provisions across 1 enactments
Dhondu Mahadev Ghatge
Balkrishna Laxman Sukhali
MILIND N. JADHAV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court