Shri. Murlidhar Sakharam Shinde And ANR. v. Shri. Uttam Eknath Sarode And ORS.

23.cas.1584.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1584 OF 2019 (for bringing legal heirs) IN SECOND APPEAL NO. 711 OF 2015 Shri Murlidhar Sakharam Shinde and Anr.

... Applicants/Appellants V/s.

Shri Uttam Eknath Sarode and Ors.

...Respondents

------------------- Mr. Sushant Sudhakar Prabhune for the applicant/appellant. Ms. Savita Ashok Prabhune for the respondent. --------------------- CORAM :SMT. SADHANA S. JADHAV, J DATED : 22nd JANUARY 2020.

P.C. :

This is an application for bringing the legal heirs of the respondent no.9 on record. The respondent no.1 has expired on 26th January 2012. There is a delay of 6 years and 276 days in filing the application. The learned counsel for the respondent has vehemently opposes the grant of relief on the ground that there is no plausible explanation for the inordinate delay in filing the said application. However, in the interest of justice and in the interest of the parties, the application deserves to be allowed in terms of prayer clauses (a), (b) and (c) and stands disposed of.

(SMT. SADHANA S. JADHAV, J) varsha