Dattatraya Dhondiba Shinde v. Govind Anandrav Shinde And ORS.

26-fa756-2019+.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.756 OF 2019 WITH CIVIL APPLICATION NO.1499 OF 2019 Digitally signed by ATUL GANESH KULKARNI Date:

2023.01.25 10:27:17 +0530 ATUL GANESH KULKARNI Shrirang Babaji Shinde & Ors.

... Appellants V/s.

Govind Anandrav Shinde & Ors.

... Respondents WITH INTERIM APPLICATION NO.30 OF 2023 IN FIRST APPEAL NO.756 OF 2019 Dattatraya Dhondiba Shinde ... Applicant V/s.

Govind Anandrav Shinde & Ors.

... Respondents Mr. P.B. Shah with Mr. Rajesh Patade i/by Mr. K.P. Shah for the appellant.

Mr. Vaibhav Gaikwad for respondent nos.1 to 3. Ms. Tanaya Goswami, AGP for the State.

CORAM :AMIT BORKAR, J.

DATED :JANUARY 24, 2023 P.C.:

INTERIM APPLICATION NO.30 OF 2023:

1.

Considering the issue involved in the first appeal, namely, alleged misconduct by appellant no.1, after his death right to sue

26-fa756-2019+.doc does not survive with any other person.

2.

The interim application is, therefore, allowed in terms of prayer clause (a).

3.

Amendment to be carried out within one week from today. FIRST APPEAL NO.756 OF 2019:

4.

As a last chance, stand over to 31st January 2023. 5.

Ad-interim relief granted earlier to continue till 31st January 2023.

(AMIT BORKAR, J.)