Shri. Harishchandra Sitaram Chawan And ORS v. Municipal Corporation Of Greater Mumbai And ORS.

18(3)-CAF-2265-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2265 OF 2019 IN FIRST APPEAL NO. 178 OF 1994 Harishchandra Sitaram Chawan and Ors.

...Applicants

IN THE MATTER BETWEEN

Smt. Jankibai Sitaram Chawan and Ors.

...Appellants (Orig Plaintiff)

Versus

Municipal Corporation of Greater Bombay and Ors. ...

Respondents TALLE SHUBHAM ASHOKRAO ************ Adv. Mahesh V. Rawool Advocate for Applicants. TALLE SHUBHAM ASHOKRAO Date: 2023.11.28 19:53:12 +0530 Mr. R.Y. Sirsikar, for Respondent/BMC.

************ CORAM : M.M. SATHAYE, J.

DATED : 28th NOVEMBER, 2023 P.C. :

1.

Heard both sides. This is an Application for showing names existing Appellant Nos. 2 to 6 as legal heirs of Deceased Appellant No. 1 (Jankibai Sitaram Chawan), who has expired in the year 2009. Apparently there is huge delay of about 10 years in filing this Application. However since the proposed legal heirs are already on record in their personal capacity, the said delay is only technical. 2.

In that view of the matter and considering the averments in the Civil Application, especially made in paragraph nos. 5 to 7, sufficient cause is made out. Hence the present Civil Application is Shubham Talle

18(3)-CAF-2265-2019.doc allowed in terms of prayer clause [a], [b] and [c]. Necessary amendments be carried out within a period of one week from today. 3.

of this order.

(M.M. SATHAYE, J.) Shubham Talle