Allowed

1 Mrs Prema Jethalal Thakkar v. Francis Joseph George Since Deceased through Herirs and Legal Heirs 1 Mary Francis Joseph

Bombay HC1 Mar 2024IA/1923/2024

Case brief

AI extract

What is this about?

Second appeal pending against a deceased sole respondent; applicants sought condonation of delay of 1 year 231 days in bringing legal heirs on record and setting aside abatement. Court condoned the delay, set aside abatement, allowed the applications, and directed amendment within two weeks.

What did the court decide?

Delay of 1 year and 231 days condoned, abatement set aside, legal heirs permitted to be brought on record with amendment within two weeks.

1 Mrs Prema Jethalal Thakkar Vs Francis Joseph George… — Property and Title | Bombay HC (2024)

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rsk

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5-SA-17-11.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.1923 OF 2024

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SECOND APPEAL NO.17 OF 2011

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WITH INTERIM APPLICATION NO.1925 OF 2024

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IN SECOND APPEAL NO.18 OF 2011

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Smt. Prema Jethalal Thakkar And Anr. ...Applicants Versus Francis Joseph George (Since Decd. Thr. Lrs.) ...Respondents

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Ms. Druti Datar i/b Mr. R. S. Datar for Applicants. Mr. Piyush Todkar i/b Ms. Neeta Karnik for Respondent No.1.

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CORAM : SHARMILA U. DESHMUKH, J. DATE : 1^st MARCH, 2024

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P. C. :

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Office noting indicates that the service upon proposed respondents is awaited.

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Ms. Datar, learned counsel appearing for the applicants submit that by way of private notice the proposed respondents have been served and the affidavit of service is already placed on record. Today, none appears for the proposed respondents.

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rsk 5-SA-17-11.doc

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Interim Applications have been preferred for bringing on record the legal heirs of the sole respondent and for condonation of delay of 1 year and 231 days caused in filing the Application and for setting aside abatement.

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Ms. Datar, learned counsel appearing for the applicants submits that Second Appeal came to be admitted by order dated 4^th April 2013. She would further submit that when the matter was taken up for final hearing on 8^th January 2024, the advocate appearing on behalf of respondents informed the Court that the original respondent had expired. She submits that despite communication, copy of the death certificate is still not made available by the respondent’s Advocate. She submits that as the appellant was not informed about death of the sole respondent no steps could be taken within prescribed period of limitation and as such there is delay.

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Mr. Piyush Todkar, learned counsel for original respondents

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would submit that the proposed heirs have not contacted the advocate and neither death certificate is made available to him.

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For the reasons stated, delay of 1 year and 231 days caused in

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rsk 5-SA-17-11.doc

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preferring Interim Applications is condoned and abatement is set aside.

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Interim Applications stand allowed. Amendment to be carried out within a period of 2 weeks from today.

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(SHARMILA U. DESHMUKH, J. )

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1 Mrs Prema Jethalal Thakkar v. Francis Joseph George Since Deceased through Herirs and Legal Heirs 1 Mary Francis Joseph

Case brief

What is this about?

What did the court decide?

1 Mrs Prema Jethalal Thakkar v. Francis Joseph George Since Deceased through Herirs and Legal Heirs 1 Mary Francis Joseph

Case brief

What is this about?

What did the court decide?

What the court decided

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