Mr Pandurang Ganpati Chavan (Deceased) Thr. Lrs. Smt. Suvarna Pandurang Chavan And ORS. v. Vinayak Ganpati Potdar (Deceased) Thr. Lrs. Smt. Leela Vinayak Potdar And ORS.

915.ia.2489.23.doc Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2489 OF 2023 IN CIVIL REVISION APPLICATION NO.55 OF 2017 Mr Pandurang Ganpati Chavan (Deceased) Thr. Lrs.

Smt. Suvarna Pandurang Chavan & Ors.

...Applicants

Versus

Vinayak Ganpati Potdar (Deceased) Thr. Lrs.

Smt. Leela Vinayak Potdar & Ors.

...Respondents

Mr. Swapnil V. Walve i/b Suresh M. Kamble, for the Applicants. CORAM :

MADHAV J. JAMDAR, J.

DATE : 24th MARCH, 2023 P.C.:

1.

Heard Mr. Walve, learned counsel appearing for the Applicant. He states that, by order dated 10th December, 2021 this Court has issued notice to legal heirs of Respondent - Vinayak Ganpati Potdar. However the notices were returned back with remark that names and addresses of Respondent Nos. 2, 4 and 5 are wrongly mentioned.

2.

This Interim Application is taken out seeking leave to amend and for issuance of fresh notices. The learned counsel appearing for the Applicants also seeks leave as per prayer clauses (a) and (b).

915.ia.2489.23.doc 3.

Leave as aforesaid is granted.

4.

The Interim Application is allowed in terms of prayer clauses (a) and (b).

5.

Amendment be carried out within a period of 14 days. 6.

Issue fresh notice to Respondent Nos. 2, 4 and 5 returnable on 16th June, 2023.

7.

In addition to the court notice, Applicants to serve the Respondents by private notice and fle affdavit of service before the returnable date.

8.

Interim Application is disposed of in above terms with no order as to costs.

(MADHAV J. JAMDAR, J.)