Awinash Pandharinath Mhatre Decd Thru Lhrs And ANR v. Harishchandra Nathu Patil (Decd) By Heirs And ORS.

Neeta Sawant 1/4 15-IA-356-2020.doc 8IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 356 OF 2020 (FOR RESTORATION) IN WRIT PETITION NO. 5069 OF 2002 Awinash Pandharinath Mhatre Decd. Thr. LHRs. And anr.

...Applicants/ Petitioners V/s.

Harischandra Nathu Patil (Decd.) by Heirs and Ors.

..Respondents AND

1. Awinash Pandarinath Mhatre Through his legal heirs 1a) Geeta Awinash Mhatre and anr.

....(Deceased) Petitioner ....Applicants WITH INTERIM APPLICATION NO. 3604 OF 2022 (FOR AMENDMENT) IN WRIT PETITION NO. 5069 OF 2002 Avinash Pandharinath Mhatre (Deceased) and Ors. Through his legal heirs 1a) Geeta Avinash Mhatre and anr.

...Applicants V/s.

1. Harischandra Nathu Patil (Deeased) & Ors.

....Respondents

Neeta Sawant 2/4 15-IA-356-2020.doc ALONGWITH WRIT PETITION NO. 5069 OF 2002 Avinash Pandharinath Mhatre and anr.

...Petitioners

(Legal Representatives of Original Opponent No.2) V/s.

Harischandra Nathu Patil Since deceased, by his heirs and Ors.

...Respondent

(No.1-Original Applicant Nos.2 to 6 - Original Opponent Nos.1 and 3 to 5) --- Ms. Namrata A. Kadam i/by. Mr. Amar Bhatt, for the Applicants. Mr. J.M. Joshi, for Respondent Nos.1(b) and 1(f). Mr. Akhilesh V. Adhav i/by. Ms. Anjali Helekar, for Respondent No.2(i) and 3 to 6.

CORAM : SANDEEP V. MARNE, J.

Dated : 5 October 2023.

P.C. :

Interim Application No. 356/2020 :

1.

This Application is filed for restoration of the petition dismissed for want of prosecution by order dated 16 December 2019. The application for restoration is filed within time. The

Neeta Sawant 3/4 15-IA-356-2020.doc application is opposed by learned counsels appearing for the Respondents.

2.

For the reasons stated in the application, the same is allowed. The Writ Petition is restored to file. Interim Application is disposed of.

Interim Application No. 3604 of 2022 :

3.

This Interim Application is filed to bring on record legal heirs of Respondent Nos.2(a) and 2(b). For the reasons stated in the application, the same is allowed. The delay in filing the application is condoned. Petitioner is permitted to bring on record, legal heirs of Respondent Nos.2(a) and 2(b). Necessary amendments to be carried out within a period of four weeks from today. Interim Application is disposed of.

Writ Petition No. 5069 of 2022 :

4.

Mr. Adhav learned counsel appearing for Respondent Nos.1(a) to 1(f) would submit that Respondent Nos.1(a), 1(d) and 1(e) have expired. He would further submit that the correct name of deceased Respondent No.1(d) should have been 'Mr. H.H. Patil' and not 'Mr. J.H. Patil'. He agrees to provide names of legal heirs of Respondent Nos.1(a), 1(d) and 1(e) to the learned counsel appearing for the Petitioner within a period of one week from today. Petitioner is permitted to bring on record legal heirs of

Neeta Sawant 4/4 15-IA-356-2020.doc Respondent Nos.1(a), 1(d) and 1(e). Mr. Adhav would further submit that name of Respondent No.1(c) has been erroneously stated as 'P.H. Patil' and the same ought to be 'Mr. Vijay H. Patil'. Necessary amendment in respect of bringing the legal heirs as well as the correction in the name of Respondent Nos.1(c) and 1(d) be carried out within a period of four weeks from today. Petitioner is also permitted to bring on record legal heirs of Respondent No.1 in pursuance of order passed by this Court on 3 October 2019. NEETA SHAILESH SAWANT SANDEEP V. MARNE, J.

NEETA SHAILESH SAWANT Date: 2023.10.10 17:32:37 +0530