Bhaskar Murgyappa Kaulapure (Decd.) v. Ashok @Virupaksha Murgyappa Kaulpure And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SALGAONKAR M M Date: 2022.03.22 16:10:53 +0530 SALGAONKAR M M CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2910 OF 2020 WITH CIVIL APPLICATION NO.71 OF 2018 IN SECOND APPEAL NO.748 OF 2004 Bhaskar Murgyappa Kaulapure (since deceased) through LR Smt.Kamal Bhaskar Kaulapure ..

Applicant

Versus

Ashok @ Virupaksha Murgyappa Kaulpure & Ors.

..

Respondents WITH CIVIL APPLICATION NO.72 OF 2018 Leela Vishwanath Oundhe ..

Applicant

Versus

Bhaskar Murgyappa Kaulapure (deceased through) LR Kamal Bhaskar Kaulapure ..

Respondents ...

Mr.Sanjay D. Thokade for the Applicant in IA/2910/20. Mr.S.S.Patwardhan for the Respondent No.1.

Mr.Ketan Joshi for the Respondent No.2.

Mr.Akshay Kulkarni i/b Mr.A.M.Kulkarni for the Respondent No.7.

2/3 16 ia-2910-20.doc CORAM: BHARATI DANGRE, J.

DATED : 21st MARCH, 2022 P.C:- 1.

By Interim Application No.2910 of 2020, the legal heirs of respondent No.3 are sought to be brought on record in the Second Appeal, which is admitted and pending for fnal hearing.

2.

In the application, it is pleaded that when a notice came to be issued on Civil Application No.72 of 2018, making it returnable on a particular date and injunction came to be granted, the notice returned back with remark, "respondent No.3 is dead". In the circumstances, when the applicant herself is aged 87 years and residing in a village, she has pleaded that she was not aware about the demise of respondent No.3 on 27/08/2011. On the notice reporting that respondent No.3 is dead, necessary steps were taken to collect her death certifcate and bringing it to the notice of the counsel so that the appropriate application could be brought for bringing the legal heirs on record.

Finding substance in the aforesaid application, the same deserves to be allowed by condoning the delay in fling the present application which is of 8 years and 99 days. Necessarily, the application is allowed in terms of prayer clauses (b), (c) and (d).

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The necessary amendment in the Second Appeal shall be carried out within a period of one week from today. Upon the amendment being effected, issue notice to newly added respondent Nos.3-a to 3-c, making it returnable on 25/04/2022. The applicant is also permitted to serve the newly added respondents by private service.

( SMT. BHARATI DANGRE, J.)