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Bombay High CourtIA/2252/2022allowed

Kalgonda Dhulgonda Patil And ORS v. Shripati Ramchandr Vadinge (Decd.Thr.Lrs) Babasaheb Shripati Vadinge

2022-07-12Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

21-SA-317-22.doc Chitra Sonawane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by CHITRA SANJAY SONAWANE Date:

2022.07.14 11:08:19 +0530 CHITRA SANJAY SONAWANE INTERIM APPLICATION NO.2252/2022 IN SECOND APPEAL NO.317/2022 1.Kalgonda D. Patil & Anr.

.... Applicants.

2.Sou Lakshmibai K. Patil (since deceased) through LR's 2-A Virendra K. Patil & Ors.

Vs.

Shripati R. Vadinge & Anr.

...

Respondents.

.....

Mr.Ashutosh M.Kulkarni, Advocate a/w Akshay Kulkarni, for Appellant.

Mr. Rahul P. Walvekar, for respondent no.1-A. CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 12th JULY, 2022.

P.C.

1.

Leave to amend the name of the appellant within one week from today.

2.

This is an application for bringing the legal representatives of appellant/applicant no.2-Laxmibai Kalgonda Patil, on record, who is said to have died on 17.08.2020. Photostate copy of the Death Certificate is annexed to the application.

3.

Delay of one month 3 days has been occurred in filing the

21-SA-317-22.doc application for bringing the legal representatives of applicant no.2 on record. For the reasons stated in paragraph no.13 of the application, delay is condoned as the applicant has made out sufficient grounds. 4.

It is submitted that right to sue survives to the proposed legal representatives of the deceased viz. 2(A) to 2(D). 5.

Application is allowed in terms of prayer clause (b). 6.

Amended copies shall be furnished to the respondents. 7.

Applications stands disposed of.

8.

No order as to costs.

[PRITHVIRAJ K. CHAVAN, J.]