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Bombay High CourtIA/3870/2023disposed off

Smt. Vajreshwari Poshmallu Galipelli Decd Thru Lhrs v. Ambaji R.Battul And ANR

2023-04-21Hon'Ble Shri Justice Madhav J. Jamdar2 pages

920.ia.3870.2023.doc Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3870 OF 2023 IN WRIT PETITION NO. 11291 OF 2019 Smt. Vajreshwari Poshmallu Galipelli ...Applicants (Since deceased) through legal heirs a) Mr. Gadasu Bapu & Ors.

IN THE MATTER BETWEEN

Smt. Vajreshwari Poshmallu Galipelli

Versus

Shri. Ambaji R. Battul & Anr.

...Respondents

Ms. Hetal Patel, a/w, Suraj Shetye, for the Applicants. CORAM :

MADHAV J. JAMDAR, J.

DATE : 21st April, 2023 P.C.:

1.

The Interim Application is taken out to bring on record heirs of deceased sole Petitioner. The sole Petitioner passed away on 2nd December, 2021. The Supreme Court has suspended the limitation period from 15th March, 2020 to 28th February, 2022. Even considering the said period there is some delay in fling the Interim Application.

2.

Ms. Patel, learned counsel appearing for the Applicants states that, Mr. Pratap Nimbalkar appears for the Respondents

920.ia.3870.2023.doc and he has been served. Although he is served, none appears for the Respondents.

3.

The Applicants to fle affdavit of service within a period of one week.

4.

For the reasons set out in the Interim Application, the same is allowed in terms of prayer clauses (a), (b) and (c). 5.

Amendment be carried out within a period of 14 days from today. Re-verifcation is dispensed with.

6.

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

7.

Ad-interim relief granted in the Writ Petition, to continue till next date.

(MADHAV J. JAMDAR, J.)