Allowed

Laxmibai Balaram Samjiskar v. Shakuntala Vishnu Kadam

Bombay HC23 Apr 2024IA/1918/2024

Case brief

AI extract

What is this about?

Interim applications in a second appeal dismissed as abated. The court recalled the abatement order, allowed the restoration application and restored the second appeal, then issued notice returnable on 18th November 2024 on the delayed application to bring the deceased appellant's legal representatives on record.

What did the court decide?

Order dated 2nd February 2024 recalled; interim application allowed; second appeal restored; notice issued on application to bring legal representatives on record; ad-interim relief continued.

Laxmibai Balaram Samjiskar vs Shakuntala… — Civil Procedure and Limitation | Bombay HC (2024)

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52.1918.24 ia.docx

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Iresh

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 1918 OF 2024 IN

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SECOND APPEAL NO. 138 OF 2019

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Laxmibai Balaram Samjiskar .....Applicant

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Vs.

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Shakuntala Vishnu Kadam

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.....Respondent

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WITH INTERIM APPLICATION NO. 9111 OF 2024 IN

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IRESH MASHAL

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Digitally signed by IRESH MASHAL Date: 2024.09.11 20:22:55 +0530

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SECOND APPEAL NO. 138 OF 2019

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Balaram Bhiku Samjiskar .....Applicant (deceased)

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Vs.

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Shakuntala Vishnu Kadam

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.....Respondent

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Mr. Afsar Ansari i/b Mr. Vivek Patil associates for the applicant Mr. S. R. Chopade i/b Mr. Agarkar Ashish for respondent no. 1

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CORAM : GAURI GODSE, J.

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DATE : 9^th SEPTEMBER 2024

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ORDER:

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This application is for recalling the order dated 2^nd February 2024

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52.1918.24 ia.docx

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dismissing the second appeal as abated.

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Learned counsel for the applicant submits that on the date when the second appeal was dismissed as abated, Interim Application No. 9111 of 2023 was already filed. He submits that the application for bringing on record names of heirs and legal representatives of deceased sole appellant was filed on 14^th January 2023. He further submits that on 4^th February 2024, advocate was unable to appear and point out about filing of the application.

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Learned counsel for the applicant therefore requests to recall the

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order dated 2^nd February 2024 and hear the Interim Application for bringing on record names of heirs and legal representatives of the appellant. Though time was granted to the respondents to file affidavitin-reply, no reply is filed till date to oppose the application.

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For the reasons stated in the application, order dated 2^nd February 2024 is recalled. Interim Application is allowed and the second appeal is restored.

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INTERIM APPLICATION NO. 9111 OF 2023:

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This application is for bringing on record names of heirs and

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legal representatives of sole deceased appellant. There is delay of 287

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2/3

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52.1918.24 ia.docx

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days in filing the application.

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Issue notice to respondents, returnable on 18^th November 2024.

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Mr. S. R. Chopade waives notice for respondent no. 1.

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In addition to Court notice, learned advocate for the applicant is directed to serve the remaining respondents by private notice and file

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affidavit of service before the next date.

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Ad-interim relief already granted to continue till the next date.

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[GAURI GODSE, J.]

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Laxmibai Balaram Samjiskar v. Shakuntala Vishnu Kadam

Case brief

What is this about?

What did the court decide?

Laxmibai Balaram Samjiskar v. Shakuntala Vishnu Kadam

Case brief

What is this about?

What did the court decide?

What the court decided

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