Disposed

Shankar Mahadu Mali v. Ganpati Mahadu Mali (Dec.) Thr. Lrs. Anusaya Ganpati Mali (Wife) and Ors.

Bombay HC8 Jan 2024IA/129/2024

Case brief

AI extract

What is this about?

The court condoned the delay of 378 days in filing Civil Revision Application No.24065 of 2017 due to the applicants being agriculturists. The abatement order against the legal heirs of deceased Respondent No.1 was set aside.

What did the court decide?

Delay of 378 days condoned; abatement set aside; permission to bring legal heirs on record via amendment of cause title granted.

Shankar Mahadu Mali Vs Ganpati Mahadu Mali… — Civil Procedure and Limitation | Bombay HC (2024)

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44.CRAST.24065.17.doc

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HARSHADA H. SAWANT (P.A.)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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CIVIL REVISION APPLICATION (ST.) NO.24065 OF 2017

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Shankar Mahadu Mali .. Applicant

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Versus Ganpati Mahadu Mali and Ors. .. Respondents

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WITH

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CIVIL APPLICATION NO.400 OF 2017 WITH INTERIM APPLICATION NO.129 OF 2024

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Mr. Samyak A. Bhatkar i./by Mr. Pramod G. Kathane, Advocate for Applicant.

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CORAM : MILIND N. JADHAV, J. DATE : JANUARY 08, 2024

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P.C.:

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1. Mentioned out of turn.

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2. Heard Mr. Bhatkar, learned Advocate for Applicant.

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3. Interim Application No.129 of 2024 has been filed for

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bringing legal heirs of deceased Respondent No.1 on record who expired on 12.05.2022 leaving behind him five legal heirs. The names of the heirs are mentioned in paragraph No.3 of the Interim Application.

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4. There is a delay of 378 days in filing the Application. For the reasons mentioned in the Application and the fact that Applicants are agriculturists, delay stands condoned. Abatement of the Writ Petition, if any, also stands set aside.

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5. Interim Application stands allowed in terms of prayer

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1 of 2

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44.CRAST.24065.17.doc

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clauses (a) and (b) which read thus:-

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“(a) Delay of 378 days in filing the present Application is condoned.

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(b) That this Hon’ble court be pleased to allow the Applicants to bring the surviving legal heirs of the Respondent No.1 i.e. Late Ganapati Mahadu @ Mahadev Mali on record and further allow to amend the Cause Title of the above Civil Revision Application as per Schedule I annexed with the present Civil Application. The abatement order against the legal heirs of the Respondent No.1 is set-aside.”

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6. Necessary amendment is permitted to carried out within a

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period of one week from today. Re-verification stands dispensed with.

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Copy of amended cause title be served on the Respondents.

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7. List the Civil Revision Application on 22^nd January, 2024 .

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8. With the above directions, Interim Application is disposed.

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H. H. SAWANT

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[ MILIND N. JADHAV, J. ]

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Digitally signed HARSHADAHANUMANT by HARSHADAHANUMANTSAWANT SAWANT Date: 2024.01.09 17:54:45 +0530

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Shankar Mahadu Mali v. Ganpati Mahadu Mali (Dec.) Thr. Lrs. Anusaya Ganpati Mali (Wife) and Ors.

Case brief

What is this about?

What did the court decide?

Shankar Mahadu Mali v. Ganpati Mahadu Mali (Dec.) Thr. Lrs. Anusaya Ganpati Mali (Wife) and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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