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Bombay High CourtIA/2216/2021allowed

Mahavir Narsu Aitwade v. Shripati Shankar Bhatmare And Others

2023-01-25Hon'Ble Shri Justice Milind N. Jadhav2 pages

P-3.ia.2216.21.doc S.S.Kilaje IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL CIVIL APPELLATE APPELLATE JURISDICTION JURISDICTION INTERIM APPLICATION NO. 2216 OF 2021 IN WRIT PETITION NO. 950 OF 2020 Mahavir Narsu Aitwade ..Applicant In the matter between Mahavir Narsu Aitwade ..Petitioner

Versus

Shripati Shankar Bhatmare and Ors.

..Respondents ....................

 Mr. Prasad Keluskar i/by Mr. Drupad Patil for Applicant ...................

CORAM :MILIND N. JADHAV, J.

DATE :JANUARY 25, 2023.

P.C.

:

1. Mentioned. Not on Board. Taken on Board.

2. Heard Mr. Keluskar, learned Advocate for Applicant.

3. Perused the praecipe dated 25.01.2023.

4. This Interim Application has been filed for bringing legal heirs of deceased Respondent No.6 on record.

5. Mr. Keluskar would submit that Respondent No.5 is the mother of Respondent No.6 who has expired on 28.08.2020 whereas Respondent No.6 had expired on 14.09.2020.

6. The names of the legal heirs of Respondent No.6 are given in the cause title of the Interim Application. Admittedly, there is no delay.

P-3.ia.2216.21.doc

7. For the reasons mentioned in Interim Application, Interim Application is allowed in terms of prayer clauses (a), (b), (c) and (d) which reads thus:- "(a) This Hon'ble Court may kindly be allow the present Application; (b) This Hon'ble Court may allow Applicant to delete the name of Respondent No.5 from cause title of Writ Petition. (c) This Hon'ble Court may be pleased to permit the Applicant to bring on record heirs of the deceased Respondent No.6 (d) This Hon'ble Court may kindly be permit the Applicants to carry out the amendment in the cause title of Writ Petition No. 950 of 2020 in accordance with the present Application."

8. Necessary amendment be carried out within a period of two weeks from today and copy of the same be served upon the learned Advocate for Respondents before the next date. Re-verification is dispensed with.

9. Interim Application is disposed.

10. List the Writ Petition on 22nd February, 2023. [ MILIND N. JADHAV, J. ] SONALI SATISH KILAJE by SONALI SATISH KILAJE Date:

2023.01.27 10:43:11 +0530