Sonu Baburao Londhe Decd Thr Lhrs Chandrabhaga S Londhe Decd Thr Lhrs Kisan Sonu Londhe And ORS v. Jagannath Devaji Wagh And ORS

9.ia.30593.22.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. 30593 OF 2022 IN WRIT PETITION NO. 12573 OF 2019 Sonu Baburao Londhe (Since deceased through Legal Heirs) Chandrabhaga Sonu Londhe (Since deceased through Legal Heirs) and Ors.

..Applicants

Versus

Jagannath Devaji Wagh (Since deceased through Legal Heirs) and Ors. ..Respondents ....................

 Mr. Pawan S. Patil for Applicants / Petitioners  Mr. Graham Francis i/by V.S.Talkutte for Respondent No.1  Ms. V. S. Nimbalkar, AGP for Respondent Nos. 12 to 16 ...................

CORAM :MILIND N. JADHAV, J.

DATE :JANUARY 02, 2023.

P.C.

:

1.

Heard Mr. Patil, learned Advocate for Applicants. 2.

Perused the Interim Application.

3.

Petitioner No.2 has expired on 05.08.2020 and his legal heirs are required to be brought on record. The Interim Application is taken out on 04.03.2021. It is stated that there is some delay. In view of the order dated 10.01.2022 passed by the Supreme Court in Misc. Civil Application No. 21 of 2022, Misc. Application No. 6635 of 2021 in Suo Motu W.P.(C) No. 3 of 2020 for suspension of the period during Covid pandemic from 15.03.2020 till 28.02.2022 the period of

9.ia.30593.22.doc delay would stand excluded. It is informed that there is a delay of 6 months in filing the Application.

4.

For the reasons stated in the Application, the delay of six months stands condoned and Application stands allowed in terms of prayer clauses (b), (b1) and (c) which reads thus: "(b) That, this Hon'ble Court be pleased to condone delay of ___ days in filing present Interim Application; (b1) That, this Hon'ble Court be pleased to set aside abatement if any.

(c) That, this Hon'ble Court be pleased to permit the Petitioners / the Applicants to bring on record the following Legal Heirs of the Petitioner No.2 and the Cause Title be allowed to be amended accordingly;

A) Shitabai Nanabhau Londhe Age:- 85 Years, Occupation - Housewife B) Zuwarabai Ananda Minde Age:- 67 Years, Occupation - Housewife C) Hausabai Ambadas Nighot Age:- 60 Years, Occupation - Housewife D) Janabai Dyneshwar Pokharkar Age:- 55 Years, Occupation - Housewife E) Suman Shankar Thorat Age:- 50 Years, Occupation - Housewife F) Sushila Humaji Pokharkar Age:- 47 Years, Occupation - Housewife G) Santosh Nanabhau Londhe Age:- 44 Years, Occupation - Service"

5.

Necessary amendment shall be carried out within a period of two weeks from today. Re-verification is dispensed with. 6.

Interim Application stands disposed.

[ MILIND N. JADHAV, J. ] SONALI SATISH KILAJE by SONALI SATISH KILAJE Date: 2023.01.04 14:11:13 +0530