Allowed

Shamrao S/O Bajirao Gawali Thr. His P.O.A. (Son), Bhaurao S/O Shamrao Gawali v. Vitthal S/O Ramrao Deshmukh and Others

Bombay HC22 Apr 2024CAW/3205/2023

Case brief

AI extract

What is this about?

Civil applications in a pending writ petition sought condonation of an 11-month delay in impleading the legal heirs of a deceased petitioner and consequential amendments. The court found sufficient cause shown, condoned the delay, allowed the amendment applications, and directed amendments within two weeks.

What did the court decide?

Delay condoned; legal heirs permitted to be brought on record; necessary amendments directed within two weeks.

Shamrao S/O Bajirao Gawali Thr. His P.O.A… — Civil Procedure and Limitation | Bombay HC (2024)

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2024:BHC-NAG:4563

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60.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CAW NOS.3205, 3209 AND 3400 OF 2023 IN WRIT PETITION NO.5293 OF 2022

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SHAMRAO S/O BAJIRAO GAWALI THR. HIS P.O.A. (SON), BHAURAO S/O SHAMRAO GAWALI

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VITTHAL S/O RAMRAO DESHMUKH AND OTHERS

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______________________________________________________________________________________________________________________________ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

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Shri Bhupesh Patil, Advocate for the Petitioner/s Ms G.S. Jain, Advocate h/f Shri Sirpurkar, Advocate for the respondent Nos.1 to 3

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Ms Mrunal Naik, AGP for the Respondent/State

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CORAM : ANIL S. KILOR, J. DATE : 22.04.2024

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CAW NO.3209 OF 2023

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This is an application for condonation of delay in bringing legal heirs of deceased petitioner on record.

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There is a delay of about 11 months, which has been explained properly in paragraph 4 of the application, which reads thus:

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“4. That, the petitioner's (power of attorney holder) is a illiterate village person and does not know the procedure of the court and he did not understand the importance to inform the information about death of his father deceased original Petitioner to the Counsel and hence could not convey the information in time. But as recently on 11/10/2023 the petitioner's power of attorney holder came to Nagpur and inform about the death of Original Petitioner the counsel of petitioner knew about the sad demise of the original petitioner and hence he called all the required

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information and documents from the petitioner (power of attorney holder) and presenting the application for bringing the Legal Heirs of deceased (original petitioner) on record”

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The application is being opposed by the learned counsel for the respondent Nos.1 to 3 on the ground that the delay is not properly explained. However, since I have already recorded the finding that sufficient cause has been shown by the applicant for condonation of delay, the application is allowed. The delay is condoned.

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4. The application is disposed of.

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CAW NOS.3205 AND 3400 OF 2023

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For the reasons stated in the applications, the applications are allowed .

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Necessary amendment be carried out within two weeks from today.

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The applications are disposed of.

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[ANIL S. KILOR, J.]

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nd.thawre

Shamrao S/O Bajirao Gawali Thr. His P.O.A. (Son), Bhaurao S/O Shamrao Gawali v. Vitthal S/O Ramrao Deshmukh and Others

Case brief

What is this about?

What did the court decide?

Shamrao S/O Bajirao Gawali Thr. His P.O.A. (Son), Bhaurao S/O Shamrao Gawali v. Vitthal S/O Ramrao Deshmukh and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Coram

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Shamrao S/O Bajirao Gawali Thr. His P.O.A. (Son), Bhaurao S/O Shamrao Gawali Vs Vitthal S/O Ramrao Deshmukh and Others