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Bombay High CourtIA/3989/2021disposed off

Mrs. Lata Gajanan Pai (Deceased) Thr. Lrs. Milan Avinash Prabhu Moye And ORS. v. Shridatta Jaivant Dharwadkar (Since Deceased) Thr. L.R.S.Smt.Sudha Shridatta Dharwadkar And ORS.

2023-10-05Hon'Ble Shri Justice Rajesh S. Patil2 pages

14-IA-3989-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3989 OF 2021 IN FIRST APPEAL NO.3117 OF 2006 Mrs. Lata Gajanan Pai (Decd.) Thr. LRS. Milan Avinash Prabhu Moye And Ors.

...Applicants

Versus

Shridatta Jaivant Dharwadkar (Since Decd.) Thr. LRS. Smt. Sudha Shridatta Dharwadkar And Ors.

...Respondents

____________________________________ Mr. Amit Sharma i/by Mr. Pankaj Thatte for the Applicants. Ms. Archana Joglekar i/by Adv. N. v. Moye for Respondent Nos. 1-a, 1-b and 1-d.

______________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 5th OCTOBER, 2023 P.C.:

1.

This Interim Application is filed to bring on record the legal heirs of deceased sole Appellant. There is some delay in filling application. Ms. Joglekar appearing for Respondents has no objection, if the application is allowed.

2.

I have heard both the sides and have gone through the contents of the Interim Application. I am satisfied that the Applicant has by SUNNY ANKUSHRAO THOTE Date:

2023.10.09 12:36:26 +0530 SUNNY ANKUSHRAO THOTE made out a case to condone the delay. Hence, the Interim Application is allowed in term of prayer clauses (a), (b), (c) and (d). Sunny Thote

14-IA-3989-2021.doc 3.

Interim Application is accordingly stands disposed off. 4.

In the meanwhile, without prejudice, the Applicant is permitted to deposit the arrears of compensation at the rate of Rs.1,000/- per month, as directed in order dated 2nd March, 2007 passed in Civil Application No.5027 of 2006.

5.

All parties to act on an authenticated copy of this order. Issuance of certified copy is expedited.

(RAJESH S. PATIL, J.) Sunny Thote