1. Pandharinath Malhari Shende Deceased Through Legal Heirs And ORS v. 1. Ramchandra Govindram Gehani And ANR

2024:BHC-AS:10323 53-SA-674-2012.doc Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2039 OF 2024 IN SECOND APPEAL NO.674 OF 2012 Pandharinath Malhari Shende (Died Thr. L/H.) Surekha Pandharinath Shende & Others ...Applicants

Versus

Ramchandra Govindram Gehani & Ors.

...Respondents

-------------------- Adv. Sandeep S. Salunkhe for the Appellants/Applicants. Adv. Avesh Ajay Ghadge i/b Akshay Kulkarni for the Respondents. --------------------- CORAM : SHARMILA U. DESHMUKH, J.

DATE : MARCH 1, 2024 P. C. :

1.

Interim Application has been for bringing on record the legal heirs of the deceased Appellant No. 3 and for condonation of delay of 6 years and 359 days caused in filing the Application. 2.

Learned counsel for the Applicant submits that the Appeal was admitted on 3rd February, 2014 and was listed for final hearing on 29th January, 2024. He would submit that, at that time when the Appellants were contacted he became aware of the death of the Appellant No. 3. He submits that some of the legal heirs are already on record and the others 1/2

53-SA-674-2012.doc have to be impleaded.

3.

Learned counsel for the Respondents does not seriously oppose the Application.

4.

For the reasons mentioned in the Interim Application the same is allowed. Delay of 6 years 359 days is condoned. Amendment to be carried out within a period of two weeks from today. (SHARMILA U. DESHMUKH, J. ) Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 04/03/2024 19:17:51 2/2