Kamalakar Haribhau Naik And ORS. v. Smt. Jamna Gopal Naik And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1191 OF 2021 IN WRIT PETITION NO.4776 OF 2018 Kamlakar Haribhau Naik and Ors.

.. Applicants-Petitioners Vs.

Jamna Gopal Naik and Ors.

.. Respondents Mr. Sanjay A. Ghaisas for the Applicants-Petitioners. None for the Respondents.

CORAM : VALMIKI SA MENEZES, J.

DATE : 16 TH NOVEMBER, 2022.

P.C. :

1.

The present application has been filed to bring the legal representatives of deceased respondent no.6 on record and for condonation of delay of 58 days in making the application.

2.

The learned Advocate for the applicants-petitioners submits that in terms of the order dated 23 rd September 2021 passed by the Hon'ble Supreme Court in Miscellaneous Application No.665 of 2021 in Suo Moto Writ Petition (C) No.3 of 2020, the issue as regards period of limitation has been kept in abeyance in all the matters from 15 th March 2020 till 20 th February 2022.

Consequently, the present application was actually filed within the time prescribed, after deducting the period kept in abeyance by the said order of the Apex Court.

1/2 15-IA-1191-2021.doc Dixit

3.

Considering this position, the Interim Application is allowed. The legal representatives of deceased respondent no.6, whose names are mentioned in paragraph 4 of the application, may be brought on record, by amending the cause-title of Writ Petition No.4776 of 2018, within a period of two weeks from today. Place Writ Petition No.4776 of 2018 for admission in due course. 4.

Interim Application is disposed of in the above terms. [ VALMIKI SA MENEZES, J. ] 2/2 15-IA-1191-2021.doc Dixit