Disposed

Balkrishna Vishnu Sawant Decd. Thr. Lhrs Babasaheb Balkrishna Sawant and Ors. v. Shripati Pandu Adake Decd. Thr. Lhrs Pintu Dattu Aake and Ors.

Bombay HC5 Jan 2024IA/717/2023

Case brief

AI extract

What is this about?

This order condones the delay in bringing legal heirs of a deceased petitioner on record and dismisses an application to implead heirs of a deceased respondent as withdrawn since their names are already on record.

What did the court decide?

Delay condoned; legal heirs permitted to be brought on record; amendment allowed within two weeks; second interim application disposed as withdrawn.

Balkrishna Vishnu Sawant Decd. Thr. Lhrs… — Civil Procedure and Limitation | Bombay HC (2024)

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8-ASIWP-500-2023 .DOC

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Digitally signed by SHAMBHAVI SHAMBHAVI NILESH NILESH SHIVGAN SHIVGAN Date: 2024.01.08 11:26:05 +0530

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Shivgan

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.500 OF 2023

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WITH

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INTERIM APPLICATION NO.717 OF 2023

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WRIT PETITION NO.1412 OF 2003

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Balkrishna Vishnu Sawant Since decd. Thr his LRS 1a) Babasaheb Balkrishna Sawant & Ors. ... Applicants

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IN THE MATTER BETWEEN

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Balkrishna Vishnu Sawant Since decd. Thr his LRS 1a) Babasaheb Balkrishna Sawant & Ors. …Petitioners Versus Shripati Pandu Adake and Ors. …Respondents

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Mr Shankar Prataprao Thorat , for the Applicants/Org. Petitioners. None for the Respondents.

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CORAM: Dr. Neela Gokhale, J. DATED: 5th January 2024

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PC:-

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Page 1 of 3 5th January 2024

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8-ASIWP-500-2023 .DOC

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INTERIM APPLICATION NO.500 OF 2023

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1. This application seeks to bring the legal heirs of the deceased Petitioner on record. Learned counsel for the Applicants says that the Petitioner died on 27^th May 2018 in the corona pandemic. Due to certain exigencies and failure of his earlier counsel in communicating status of the proceedings, there is delay of sixteen months in making the present interim application for bringing legal heirs on record. He also prays for condonation of the delay in making the present interim application.

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2. Considering the averments in the application, reasonable grounds are made out to condone the delay of sixteen months. The abatement of the Petition is set aside and the Applicants are permitted to bring on record the legal heirs as mentioned in paragraph 1 of the Interim Application at Sr.Nos.1(a) to 1(d) on record. Leave to amend is granted. Amendment to be carried out within a period of two weeks from today and amended copy of the petition to be filed with advance copy to the Respondents.

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3. Interim Application stands disposed.

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INTERIM APPLICATION NO.717 OF 2023

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4. This interim application seeks impleadment of legal heirs of the deceased Respondent No.1(d)-Shri Kisan Shripati Adake. He expired on 28th October 2008. There is delay of 14 years in making this Application. However, it appears that legal heirs of the Respondent No.1(d) are already on record and the petition has been

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Page 2 of 3

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5th January 2024

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8-ASIWP-500-2023 .DOC

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amended. Hence, learned counsel for the Applicants seeks permission to withdraw the Interim Application. Permission granted.

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5. Interim Application disposed as withdrawn.

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WRIT PETITION NO.1412 OF 2003

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List the petition on 12th February 2024.

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(Dr. Neela Gokhale, J)

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Page 3 of 3 5th January 2024

Balkrishna Vishnu Sawant Decd. Thr. Lhrs Babasaheb Balkrishna Sawant and Ors. v. Shripati Pandu Adake Decd. Thr. Lhrs Pintu Dattu Aake and Ors.

Case brief

What is this about?

What did the court decide?

Balkrishna Vishnu Sawant Decd. Thr. Lhrs Babasaheb Balkrishna Sawant and Ors. v. Shripati Pandu Adake Decd. Thr. Lhrs Pintu Dattu Aake and Ors.

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