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Bombay High CourtIA/1/2024disposed off

Bhupal Parisa Ainapure (Since Deceased) Suresh Bhupal Ainapure And ORS. v. Shivapa Annappa Berad And ANR.

2024-01-04Hon'Ble Justice Dr. Neela Kedar Gokhale2 pages

1/2 38-asia-1-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1 OF 2024 IN WRIT PETITION NO. 9029 OF 2010 Bhupal Parisa Ainapure (since deceased) through his LRs. Mr. Suresh Bhupal Ainapure & Ors.

...Applicants

IN THE MATTER BETWEEN

Bhupal Parisa Ainapure (since deceased) through his LRs. Mr. Suresh Bhupal Ainapure & Ors.

...Petitioners

Versus

Shivapa Annappa Berad & Anr.

...Respondents

Mr. Rushabh D. Phade i/b Mr. Surel S. Shah for Applicants/Petitioners.

None present for Respondents.

CORAM:

DR. NEELA GOKHALE, J.

DATED:

4th January 2024 PC:- 1.

The present application seeks to bring on record the legal heirs of deceased Respondent No. 1. There is also a prayer for condonation of delay of one month in making the present application.

2.

Considering the averments made in the application, the delay stands condoned. The Applicants/Petitioners are permitted to bring on record the legal heirs of Respondent No. 1, who has died on 6th September 2020. The legal heirs as arrayed in the cause title of the application at serial nos. 1(1) to 1(3) are directed to be brought on Gitalaxmi

2/2 38-asia-1-2024.doc record.

3.

Leave to amend the petition is granted. The Applicants/Petitioners are directed to amend the writ petition within a period of two weeks from today and serve a copy of the amended petition on all the Respondents within one week thereafter. 4.

Issue notice to the newly added Respondents returnable within four weeks after carrying out the amendment. The Applicants/Petitioners are directed to serve a copy of it on all the Respondents privately through all permissible means of communication.

5.

Mr. Rushabh Phade, learned Counsel for the Applicants/Petitioners undertakes to file an affidavit of service on or before the next date.

6.

List the matter on 27th February 2024.

(DR. NEELA GOKHALE, J.) by GITALAXMI KRISHNA KOTAWADEKAR Date:

2024.01.05 10:37:50 +0545 GITALAXMI KRISHNA KOTAWADEKAR Gitalaxmi