Shri Vijay Ambadas Dattatraya Pawar Since Deceased Thr. Lrs. Kamal A. Pawar And ORS. v. Shri Ramppa Ambannapa Masare

K.S. Jadhav

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2886 OF 2021 IN FIRST APPEAL NO. 1081 OF 1996 Vijay @ Ambadas Dattatraya Pawar (deleted since deceased) Through Kamal Ambadas Pawar & Ors., ...Applicants/ Appellants

Versus

Ramappa Amanappa Masare & Ors.

...Proposed Respondents (Original Respondents) ---------- Mr. Machindra Patil i/b A.R. Rayani, Advocate for Applicants. Mr. A.S. Alange, Advocate for legal heirs of Respondent No.1 i.e. for Respondent Nos. 1A to 1C and 1E to 1F Mr. Abhinav A. Bhatkar i/b Vijay Killedar, Advocate for Respondent Nos.6A to 6F in IA 2885/2021 and for Respondent Nos. 7A to 7C in IA 2887/2021 and for Respondent Nos. 3A/3B1, 3B2, 3B3, 3C, 3D & Respondent No.5 in IA 2884/2021. ---------- CORAM : R.I. CHAGLA, J.

DATE : 21st November, 2022.

ORDER :

1.

Heard the learned Advocate appearing for 1/3

Applicant/Appellant. Considering that there is mere 3 days delay in preferring the Interim Application for bringing legal heirs of the original Respondent No.2 who had expired on 15th October, 2020 on record, the relief sought for in the application requires to be granted. Further, the Interim Application has been served on the Respondents and inspite of service the legal heirs of original Respondent No.2 has not made an appearance. Hence, following order is passed :

i) The delay in filing the Interim Application No.2886 of 2021, is condoned.

ii) The abatement of First Appeal No.1081 of 1996 is set aside.

iii) The Applicants are permitted to amend the Appeal Memo in First Appeal No.1081 of 1996 by joining the proposed Respondents in place of original Respondent No.2.

iv) The amendment shall be carried out within a period 2/3

of two weeks from the date of this order.

v) The Interim Application No. 2886 of 2021 is accordingly disposed of.

[R.I. CHAGLA, J.] 3/3