Ganpat Dadu Savant v. Balakrishna Alias Balkisan K. Bhondve(Dead)Shivaji B. Bhondve Deceased Thr. Lrs. Parvati S. Bhondve

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(2) IA-1635-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1635 OF 2020 IN FIRST APPEAL NO.954 OF 2011 Digitally signed by Rajshree More Date:

2020.12.02 15:40:52 +0530 Rajshree More Ganpat Dadu Sawant ] ...

Applicant

IN THE MATTER BETWEEN

Ganpat Dadu Sawant ] ...

Appellant vs.

Shri Balkrishna Alias Balkisan Kesu Bhondve] since deceased through his legal heirs ]...

Respondents.

Mr.S.G. Kudale, for Applicant.

Mr.Sanjeev Gorwadkar, Senior Advocate i/b Mankirat Singh Chhabra, for Respondent Nos.1 to 5.

CORAM :

K.K.TATED & N.R. BORKAR, JJ.

DATE :

26th NOVEMBER, 2020.

(Through Video Conferencing) P.C. :

..

Not on board. Upon mentioning taken on board. 1] Heard learned counsel for parties.

2] By this interim Application, applicant is seeking permission to bring legal heirs on record of deceased Respondent No.1 Balkrishna Alias Balkisan Kesu Bhondve,who expired on 12th May, 2018. 3] Learned counsel for applicant submits that there is delay in filing

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(2) IA-1635-20 the Civil Application. He submits that in the interest of justice, this Hon'ble Court be pleased to condone the delay and allow them to bring legal heirs of deceased Respondent No.1 on record. 4] Learned counsel for Respondent Nos. 1 to 5 submits that they have no objection to condone the delay and allow the application. 5] Hence, by consent, following order is passed : a] Delay in filing the application is condoned.

b] Applicant is permitted to bring legal heirs on record of deceased Respondent No.1 in First Appeal No.954 of 2011 and in pending civil application, immediately.

c] Interim application stands disposed off accordingly. d] No order as to costs.

e] order.

[N.R.BORKAR, J] [K.K.TATED, J]