Kashinath Mahadu Shinde ( Deceased) Thr. Lrs. Ramdas K Shinde And ANR. v. Laxman Valu Khatale (Deceased) Thr. Lrs. Sampat L Khatale

12(1) IA-7935-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7935 OF 2023 IN FIRST APPEAL NO. 824 OF 1997 Kashinath Mahadu Shinde (Deceased) Through proposed LRs Ramdas K. Shinde And Ors.

...Applicants/ ...Appellants

Versus

Laxman Valu Khatale (deceased) through proposed Lrs. & Ors.

...Respondent

***** Mr. Amol Wagh a/w. Sachin P. Patil i/b. Sagar Kasar, Advocate for Appellants/Applicants.

Mr.Rukmini Khairnar i/b. P.N. Joshi, Advocate for LRS of Respondent No. 1.

HUSENBASHA RAHAMAN NADAF Date: 2023.12.14 11:00:15 +0530 HUSENBASHA RAHAMAN NADAF ***** CORAM : M.M. SATHAYE, J.

DATE : 12th DECEMBER, 2023 P.C. :

1.

Heard both sides. This application is filed for bringing legal heirs of deceased sole Respondent on record. Learned counsel appearing for proposed legal heirs of sole Respondent undertake to file Vakalatnama within a period of 2 weeks from today and waives service.

2.

There is delay in filing the application of which condonation is sought. It is a common ground before the Court, that this is a dispute arising out of apportionment of compensation between private parties (Appellant/s and Respondent/s), receivable for land acquisition. In that view of matter, this Court is of the opinion that Husen

12(1) IA-7935-2023.doc legal heirs of sole Respondent must be brought on record. 3.

Learned counsel for proposed legal heirs of sole Respondent fairly submitted to the orders of the Court.

4.

In that view of the matter and considering averments in the application, sufficient cause is made out. The application is allowed in terms of prayer cause (a) & (a1). Delay is condoned. The Appellants are directed to bring legal heirs of the deceased sole Respondent on record. Necessary amendment be carried out within a period of three weeks from today, with an amended copy being served upon other side simultaneously.

5.

Abatement of the appeal is set aside, as against Appellant No.1. 6.

Interim Application is disposed. All concerned to act on duly (M.M. SATHAYE, J.) Husen