Mukesh Shankar Purav (Since Deceased) v. Municipal Corporation Of Gr.Bombay

19 IA-2439-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2439 OF 2020 IN FIRST APPEAL NO. 1137 OF 2002 Mukesh Shankar Purav (Deceased) through LRs Leena Mukesh Purav & Ors.

...Applicants/ ...Appellants

Versus

Municipal Corporation Of Greater Bombay

...Respondent

***** Mr. Abhishek Patil, Advocate for Applicants.

Mr. Joquim Reis, Senior Counsel a/w. Santosh Parad, Advocate for Respondent/MCGM.

***** by HUSENBASHA RAHAMAN NADAF Date: 2023.12.07 17:50:23 +0530 HUSENBASHA RAHAMAN NADAF CORAM : M.M. SATHAYE, J.

DATE : 6th DECEMBER, 2023 P.C. :

1.

This is an application for bringing legal heirs of sole Appellant on record who has died on 10/11/2019. According to Office note there is delay of 13 days in filing the application. 2.

Heard learned counsel for the Applicants and learned senior counsel for Respondent/Municipal Corporation. 3.

Considering extent of delay and in view of the averments made in the application, sufficient cause is made out. Hence, the Application is allowed in terms of prayer clause (a). Delay is condoned. The Applicants are permitted to be brought on record as legal heirs of sole Appellant. Necessary amendment be carried out within a period of two weeks from today.

Husen

19 IA-2439-2020.doc 4.

Interim Application is disposed off.

5.

At the request of learned senior counsel appearing for Respondent/Municipal Corporation, place the First Appeal (being old Appeal of 2002) under the caption of 'final disposal' in the week commencing from 05/02/2024.

(M.M. SATHAYE, J.) Husen