Smt.Kalavati Shamrao Yewale And Others v. Ganpat Ramchandra Mandhare (Since Decd. Thro.0 His L. H. Appellant No. 3 And 4 )Smt. A G. Mandhare

20. cas 1884-07.doc DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1884 OF 2007 IN SECOND APPEAL NO. 578 OF 2007 Kalavati Shamrao Yewale & ors.

..Applicants vs.

Ganpat Ramchandar Mandhare & ors.

..Respondents ....

Ms. Kanchan C. Phatak h/f. N.P. Deshpande for applicants. Shri A.B. Avhad for respondent No.3.

....

CORAM : M.S.KARNIK, J.

DATE : 2nd AUGUST, 2019 P.C. :

This is an application for condonation of delay of 91 days in filing this application for bringing the legal heirs of the sole appellant on record. In the application it is stated that the sole applicant died on 28/7/2017 leaving behind him wife and son of the appellant as his legal heirs and also applicant Nos. 3 to 7 who are the daughters of the appellant.

2.

Learned Counsel Shri Avhad for the respondent No.3 opposed the application. However, for the reasons mentioned in 1/2

20. cas 1884-07.doc the application, the application deserves to be allowed by condoning the delay and permitting respondent Nos. 5 and 6 and applicant Nos. 3 to 7 to be brought on record as legal heirs of the appellant.

3.

Respondent Nos. 5 and 6 are permitted to be transposed as appellant Nos. 1 and 2. The applicant Nos. 3 to 7 are also permitted to be brought on record as legal heirs of appellant.

4.

Amendments to be carried out within a period of 2 weeks from today.

5.

The application is allowed and disposed of as such. (M.S.KARNIK, J.) 2/2