Allowed

Surendra Govardhandas Saraf v. Nagindas Gokuldas Saraf Decd Thru Lhrs and Ors.

Bombay HC18 Jan 2024IA/17052/2022

Case brief

AI extract

What is this about?

This is a single-paragraph interim order allowing an application to implead legal heirs and transpose them as a respondent, permitting amendment within two weeks but imposing costs due to inaction leading to abatement risk.

What did the court decide?

Application allowed in terms of prayers (a) to (d); amendment to be carried out within two weeks.

Surendra Govardhandas Saraf Vs Nagindas… — Civil Procedure and Limitation | Bombay HC (2024)

¶1

f2-as-iast-18457-2022.doc

¶2

Vinaa Khadpe (P.S.)

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶4

CIVIL APPELLATE JURISDICTION

¶5

INTERIM APPLICATION (ST) NO.18457 OF 2022 IN

¶6

WRIT PETITION NO.2038 OF 2008

¶7

Shri Surendra Govardhandas Saraf and ors Applicant /

¶8

.. Petitioners

¶9

Versus

¶10

Nagindas Gokuldas Saraf .. Respondents

¶11

Mr. Prabhakar M. Jadhav, Advocate for the Applicants / Petitioners.

¶12

Mr. Gurudas Gorwadkar, Advocate for the Respondent Nos.1a to 1e.

¶13

CORAM : MILIND N. JADHAV, J. DATE : JANUARY 18, 2024

¶14

P.C.:

¶15

1. This Application seeks impleadment of legal heirs of the deceased Petitioner No.3 as also transposition of the said legal heirs as Respondent No.9.

¶16

2. I have perused the Application. There is delay of 90 days considering Covid–19 pandemic period in filing the present Application.

¶17

3. However considering that the Writ Petition was admitted as far back in the year 2008, for the reasons mentioned in paragraph Nos. 3 to 4, the Application deserves to be allowed subject to payment of costs of Rs.2,500/- to the Kirtikar Law Library, High Court of Bombay which shall be deposited with the Library within two weeks from today.

¶18

1 of 2

¶19

f2-as-iast-18457-2022.doc

¶20

Receipt of payment shall be placed on record of the Writ Petition on the date of its listing. These costs are imposed only because despite the Applicant having been given enough time, no steps were taken to bring legal heirs on record leading to the Petition having stood abated.

¶21

4. In that view of the matter, the Application is allowed in terms of prayer clauses (a) to (d). Amendment shall be carried out within a period of two weeks from today. Amended cause title be served on the Respondents within a period of one week thereafter.

¶22

5. Interim Application stands disposed.

¶23

Vinaa Khadpe

¶24

[ MILIND N. JADHAV, J. ]

¶25

Digitally signed by VINA VINA ARVIND ARVIND KHADPE KHADPE Date: 2024.01.20 15:18:24 +0530

¶26

2 of 2

Surendra Govardhandas Saraf v. Nagindas Gokuldas Saraf Decd Thru Lhrs and Ors.

Case brief

What is this about?

What did the court decide?

Surendra Govardhandas Saraf v. Nagindas Gokuldas Saraf Decd Thru Lhrs 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

Similar cases

Pegasus Assets Reconstruction Pvt. Ltd. Vs M/S. Radiance Properties (I) Private Limited and Anr.

Khanjan Hitendra Jasani vs Krupali Khanjan Jasani

Shri. Bhagawat Vishwanath Chaudhari Vs Shri. Vasant Laxman Taras and Ors.

The President Rajapur Shikshan Prasarak Mandal and Anr. vs Atmaram Jagannath Mestry and Ors.

The Saswad Mali Sugar Factory Ltd. through Managing Director Shri. Rajendra G. Girme Vs Ganpat Sadashiv Kshirsagar (Teli) (Since Decd) through Lrs. and Ors.

Sau. Nagratan Ashok Kangokar Vs Smt. Hirabai Baburao Lokhande