Allowed

Shri. Badrinarayan Shankar Bhandari and Ors. v. Shri. Omprakash Shankarlal Bahndari and Ors.

Bombay HC9 Jul 2024IA/10110/2024

Case brief

AI extract

What is this about?

A single judge order allowed civil applications to bring on record names of heirs and legal representatives of deceased parties within three weeks. Notices were issued to remaining respondents.

What did the court decide?

Applicants permitted to bring on record names of heirs within three weeks; notice to remaining respondents issued.

Shri. Badrinarayan Shankar Bhandari and Ors… — Civil Procedure and Limitation | Bombay HC (2024)

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39-cas-22-2024-ia-10108-2024.doc

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varsha

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO. 22 OF 2024

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WITH

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INTERIM APPLICATION NO. 10108 OF 2024

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WITH

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INTERIM APPLICATION NO. 10110 OF 2024

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WITH

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CIVIL APPLICATION NO. 498 OF 2014

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SECOND APPEAL No. 566 OF 2011

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Shri Badrinarayan Shankar Bhandari … Applicant/Appellant

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vs.

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Shri Omprakash Shankarlal Bhandari … Respondents and Ors

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WITH

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CIVIL APPLICATION NO. 893 OF 2014

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SECOND APPEAL No. 566 OF 2011

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Shri Vithaldas Shankarlal Bhandari and … Applicants/Appellants Ors

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vs.

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Shri Badrinarayan Shankar Bhandari and … Respondents Ors

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Mr. Sandeep M. Phatak, for Applicants/Appellants

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Mr. Rugwed R. Kinkar i/b. Drupad S. Patil, for Respondent Nos. 7A to 7E.

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Page no. 1 of 3

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39-cas-22-2024-ia-10108-2024.doc

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CORAM : GAURI GODSE, J. DATED : 9^th JULY 2024

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ORDER:

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CIVIL APPLICATION NO. 22 OF 2024

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This application is for bringing on record the names of heirs and legal representatives of the deceased respondent no. 6 and appellant no.10. So far as deceased respondent no.6 is concerned, the application is within time. Hence, the appellant is permitted to

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bring on record the names of heirs and legal representatives of deceased respondent no.6 as stated in paragraph no.3 of the application. Amendment to be carried out within three weeks.

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So far as a prayer for bringing on record the names of heirs and legal representatives of the deceased appellant no.10 is concerned, the heirs and legal representatives are already on record. Hence, the appellant is permitted to show appellant no.10 as deceased through legal heirs i.e. appellant nos. 1, 9 and 11. Amendment to be carried out within three weeks from today.

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Interim Application stands allowed in above terms.

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INTERIM APPLICATION NO. 10108 OF 2024

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Issue notice to respondent nos. 9A and 9B, returnable on 8^th

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Page no. 2 of 3

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39-cas-22-2024-ia-10108-2024.doc

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October 2024. In addition to Court notice, applicant to serve the remaining respondents by private notice and file affidavit of service before the next date.

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INTERIM APPLICATION NO. 10110 OF 2024

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This application for bringing on record names of heirs and legal representatives of deceased respondent no. 10.

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Learned counsel for the applicant submits that the application

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is within time. Hence, application is allowed in terms of prayer clause (a). Amendment to be carried out within three weeks. After amendment is carried out office is directed to issue notice of the Second Appeal to the added respondents.

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(GAURI GODSE, J.)

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Page no. 3 of 3

Shri. Badrinarayan Shankar Bhandari and Ors. v. Shri. Omprakash Shankarlal Bahndari and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Badrinarayan Shankar Bhandari and Ors. v. Shri. Omprakash Shankarlal Bahndari and Ors.

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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