Interim application to bring legal heirs on record and condone delay set aside abatement. Application allowed.
Allow interim application, condone delay, set aside abatement, and order amendment within four weeks.
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ia 13386-24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 13386 OF 2024 IN
WRIT PETITION NO. 6709 OF 2015.
Maya Ganu Kadu (Since Decd) Thorugh Lrs. And Ors. ...Applicants. Versus Shri. Maruti Balya Thakur And Ors. ...Respondents.
Mr. Rahul Madan More for the Applicant. Mr. Milind Parab i/b Milind Parab and Associates for Respondent.
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Coram : Sharmila U. Deshmukh, J. Date : November 26, 2024.
P. C. :
1. Interim Application has been preferred for bringing on record
the legal heirs of deceased Petitioner No.1g-Anandibai Mahadev Gawand and for condonation of delay of 2 years and 281 days caused in preferring the present Interim Application and for setting aside abatement.
2. Learned Counsel appearing for the Applicant submits that due to miscommunication between the legal heirs of deceased Petitioner No. 1g and the Advocate on record, the Interim Application for bringing on record the legal heirs could not be filed within time and thus there is delay of 2 years and 281 days.
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Patil-SR
ia 13386-24.doc
3. Learned Counsel appearing for the Respondent does not seriously oppose the Application. For the reasons stated, delay is condoned and abatement is set aside.
4. Interim Application is allowed.
5. Amendment to be carried out within four weeks from today. 6. List the above Writ Petition on 8th January, 2025.
[Sharmila U. Deshmukh, J.]
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Patil-SR
Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 28/11/2024 19:36:31
Maya Ganu Kadu (Since Decd) Thorugh Lrs. And Ors.
Shri. Maruti Balya Thakur And Ors.
Sharmila U. Deshmukh
As recorded by the court registry
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