Vaishali Vijay Dandekar And ORS v. Shri. Dashrath Nathu Patil And ORS

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3727 OF 2022 IN WRIT PETITION NO. 3354 OF 2021 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orde Registrar's orders Advocate Shri Ashok Kadam, i/b. Shri Nitin Gangal, Advocate for the Petitioner is present. CORAM : V. R. KACHARE REGISTRAR (JUDL-I) Date : 17th JUNE 2022 Perused the record and proceedings and also office remarks.

Advocate for the Applicants has filed the present Interim Application for grant of permission to implead the applicants in the cause title of the present writ petition as legal heirs and representatives of the deceased Petitioner No. 1 who expired on 20.01.2021. However,Office has raised the objection that there is delay in filing of the application for bringing the legal heirs and representatives of the deceased Petitioner No. 1.

Advocate for the Applicants have submitted a copy of the Order 10th January 2022 passed by the Hon'ble Supreme Court of India I Misc. Application No. 21 of 2022 in Misc. Application No. 665 of 2021 in Suo Motu Writ Petition (C ) No. 3 of 2020 wherein it is directed that the period from 15/03/2020 till 28/02/2022 shall stand excluded for the purpose of limitation.

P.T.O.

The deceased Petitioner No. 1 is expired on 20.01.2021 and the aforesaid Interim Application is filed on 17/04/2021. However, the aforesaid period clearly falls within the period as mentioned in the aforesaid order passed by the Hon'ble Apex Court. Thus, question of delay in filing of the said application does not arise. Hence, office objection in respect of condonation of delay is removed.

In view of the above, the aforesaid Interim Application is allowed in terms of prayer clause (A).

Sd/- Registrar (Judicial-I)