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Bombay High CourtCAS/307/2020

Sarojini Balaso Magdum (All Of The Above Thr. Their Const. Attorney Mr. Prakash Dhanpal Magdum) And v. Shri. Annu Tatoba Magdum

2020-02-26Hon'Ble Smt. Justice S.S. Jadhav1 pages

30.cas.307.20.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 307 OF 2020 IN SECOND APPEAL NO. 1341 OF 2005 Sarojini Balaso Magdum (all of the above through their Consti. Attorney Mr.

Prakash Dhanpal Magdum) and Ors.

... Applicant/appellant V/s.

Annu Tatoba Magdum ... Respondent ------------------- Mr. R.S. Mirpury for the applicant.

Ms. Trupti Khamkar I.by Mr. P.R. Arjunwadkar for the respondent nos. 1A, 1B (I), (II), (III).

--------------------- CORAM :SMT. SADHANA S. JADHAV, J DATED : 26th FEBRUARY 2020 P.C. :

.

This is an application for bringing the legal heirs of respondent no. 1A on record. The respondent no. 1A has expired on 22nd December 2017. However, the application is filed only in March 2019. There is a delay of 1 year and 3 days in filing the present application. The learned counsel Mr. Mirpury waives service for the legal heirs. It is pertinent to note that the application is filed by the legal heirs of respondent no.1. There is a delay of 1 year and 3 days. The delay deserves to be condoned in the interest of justice. Hence, the application is allowed in terms of prayer clauses (a) and (b) and stands disposed of.

(SMT. SADHANA S. JADHAV, J) varsha