Jitendra Govardhandas Tanna And ANR v. Sulochana Pandharinath Nagarkar And ANR

909-ia-3064-2022.doc Sonali Digitally signed by SONALI MILIND PATIL Date:

2023.07.28 18:15:37 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SONALI MILIND PATIL INTERIM APPLICATION NO. 3064 OF 2022 IN SECOND APPEAL NO. 530 OF 1996 Jitendra Govardhandas Tanna & Ors.

...Applicants

Versus

Sulochana Pandharinath Nagarkar & Ors.

...Respondents

Mr. Nachiket V. Khaladkar, for the Applicants. CORAM : MADHAV J. JAMDAR, J.

DATED : 26th JULY 2023 P.C. :

1.

The Interim Application is taken out to bring on record heirs of deceased Applicant No.2a. The Applicant No.2a has passed away on 26th July 2020 and the application has been filed on 31st March 2022. 2.

Due to COVID-19 pandemic, the Supreme Court has suspended the limitation period from 15th March 2020 till 28th February 2022. Therefore, there is no delay in filing the application. 3.

Accordingly, the application is allowed in terms of prayer clauses (b).

4.

Amendment be carried out within a period of 14 days from today.

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909-ia-3064-2022.doc Sonali 5.

Mr. Khaladkar states that Applicant No.2a has passed away and Applicant No.2a(a) to 2a(c) and Respondent No.3 are the legal heirs and representatives of deceased Applicant No.2a. However, he states that as per the Will dated 17th March 2020, the suit property has been bequeathed in favour of the Applicant No.2a(a) to 2a(c). 6.

Therefore, although the Interim Application is allowed, it is clarified that if the Respondent No.3 is seeking any right in the suit property, she is at liberty to file application seeking appropriate reliefs. 7.

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

[MADHAV J. JAMDAR, J.] 2/2