Maharashtra State Road Transport Corporation v. Shri. Manikrao Dadaji Tanpure Since Deceased Thr.Lrs. Uday Manikrao Tanpure And ORS.

12.IA.2780.2020 in FA.394.10.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2780 OF 2020 IN FIRST APPEAL NO. 394 OF 2010 Manikrao Dadaji Tanpure (since deceased through LRs) Uday Manikrao Tanpure & Ors.

...

Applicants/ Proposed Respondents In the matter of Maharashtra State Road Transport Corporation ...

Appellant

Versus

Manikrao Dadaji Tanpure & Ors.

... Respondents Ms. Smita R. Gaidhani for the Applicants.

Mr. G.S. Hegde i/b G.S. Hegde & Associates for the Respondents. Mr. Y.Y. Dabke, A.G.P. for the State.

CORAM : R.I. CHAGLA, J.

DATED : 6th DECEMBER, 2022.

ORDER :

By this Interim Application the Applicants are seeking permission to be impleaded as Respondent No.1a to 1e in place and stead of deceased Respondent No.1. Further relief is sought for condonation of delay of 5 years and 67 days in filing the present Interim Application. The Waghmare 1/2

12.IA.2780.2020 in FA.394.10.doc Applicants/Proposed Respondents state that vide letter dated 03.01.2020 they had informed the Appellant about the demise of Respondent No.1 on 26.04.2014, hence the application has been made by the Applicants for bringing the legal heirs of Respondent No.1 on record. There is no objection to the relief sought for in the present Interim Application. Accordingly, following order is passed : i) The delay in filing the present Interim Application for bringing the legal heirs of Respondent No.1 on record is condoned.

ii) The Applicants are permitted to implead as Respondent Nos.1a to 1e in place and stead of the deceased Respondent No.1.

iii) Amendment shall be carried out by the Applicants/proposed Respondents in the cause title of the First Appeal No.394 of 2010 within a period of two weeks from the date of this order.

iv) Interim Application is accordingly disposed of. Digitally signed by WAISHALI SUSHIL WAGHMARE Date:

2022.12.08 14:39:17 +0530 WAISHALI SUSHIL WAGHMARE (R.I. CHAGLA, J.) Waghmare 2/2