Mr. Sudhakar Laxman Palav And ORS. v. Mr. Laxman Dharmaji Palav And ORS.

902.CAF611_2018 .doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 611 OF 2018 IN FIRST APPEAL (St.) No. 13530 OF 2015 Sudhakar Laxman Palav & Ors.

... Applicants Vs.

Laxman Dharmaji Palav & Ors.

... Respondents Mr. Madhav J. Jamdar, Advocate for the applicants. Dr. D.S. Hatle i/b. Deepak Jamsandekar, Advocate for the respondent nos. 1 and 2.

CORAM: MRS.MRIDULA BHATKAR, J.

DATE:14th February, 2018.

P.C.:

This Application is moved for bringing legal heirs of deceased appellant No. 4 on record.

2.

The learned counsel for the applicants submitted that appellant No. 4-Sadashiv Bapu Palav expired on 16th April, 2017, however, there is delay of 7 months and 14 days in filing the Application for bringing his legal heirs on record. He submitted that the delay is not intentional. There was a communication gap between the counsel and the appellants and therefore, there is delay in filing this application.

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902.CAF611_2018 .doc 3.

The learned counsel for respondent nos. 1 and 2 opposed the Application.

4.

In view of the submissions and the reasons mentioned in the Application, Civil Application is allowed. The legal heirs of appellant No. 4 are brought on record. The learned counsel for the appellants to accordingly make correction in the Appeal forthwith. The copy is to be supplied to the learned counsel for the respondents 5.

Civil Application is allowed and is accordingly disposed of. (MRIDULA BHATKAR, J.) 2 / 2