Single judge allowed interim application condoning delay in filing for adding heirs of deceased respondent, citing applicant's ill health. Abuse of process writ petition dismissed by Bombay HC.
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11-IA-18022-2023-IA-971-2023.docx
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 18022 OF 2023 IN
SECOND APPEAL NO. 142 OF 2022
Mahadev Nivrutti Chavan
… Applicant
Vs.
Anandrao Babaurao Suryavanshi and Anr. … Respondents
Mr. Prasad Avhad for the Applicant.
Mr. Nagesh Chavan a/w. Mr. Sandip Khanetkar for Respondent No.1.
CORAM : GAURI GODSE, J.
DATE : 12th SEPTEMBER 2024
ORDER :
delay in filing the application are explained in paragraph 5. He submits that in view of the ill health of the applicant he was unable to take
Digitally signed RAJESHWARI by RAJESHWARI RAMESH RAMESH PILLAI PILLAI Date: 2024.09.26 18:42:11 +0530
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11-IA-18022-2023-IA-971-2023.docx
immediate steps to file this application. The reasons stated in the application are acceptable and justifiable. Hence for the reasons stated in the application, delay is condoned and application is allowed in terms of prayer clause (a) and (b). Amendment to be carried out within three weeks.
[GAURI GODSE, J.]
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1 issue framed by the court
Whether to condone delay in filing interim application for bringing heirs on record due to applicant's ill health.
Mahadev Nivrutti Chavan
Anandrao Babaurao Suryavanshi and Anr.
Gauri Godse
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
