Satyadeo Ramratan Tripathi v. Jaydeo Ramratan Tripathi And ANR.

9 caf 3017-08.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3017 OF 2008 IN FIRST APPEAL NO. 2007 OF 2006 Shakuntala Tripathi and Ors.

...Applicants In the matter between:

Satyadeo Ramratan Tripathi ...Appellant

Versus

Mr. Jaydeo Ramratan Tripathi and Anr.

...Respondents

SNEHA NITIN CHAVAN **** Mr. Anil Mishra for the Applicant.

Mr. Y.K. Tiwari with Manu Vishwakarma for the Respondent. Mr. Santosh Parad, for Respondent/MCGM.

**** by SNEHA NITIN CHAVAN Date:

2023.12.14 18:50:40 +0530 CORAM : M.M.SATHAYE J.

DATE : 13th DECEMBER 2023 P.C. :

1.

Not on Board. Taken on Board. This is an application for bringing legal heirs of original sole Appellant Satyadev R. Tripathi on record. There is stated delay of 10 months and 7 days in filing the present application.

2.

Heard learned counsel for the Applicants and learned counsel for the Respondent/Municipal Corporation. Learned counsel Mr. Tiwari submits that his present clients (legal heirs of original Plaintiff/Respondent No. 1 Mr. Jaydeo R. Tripathi) are not party in this application because the Plaintiff was alive when this application Sneha Chavan page 1 /2

9 caf 3017-08.doc was filed. He, however, fairly submits to the order of the Court. Record shows that no reply is filed till date. 3.

In that view of the matter, considering the extent of delay and averments made in application, sufficient cause is made out. The application is allowed in terms of payer clauses (a), (b) and (c). Delay is condoned. The abatement of the first appeal vis-a-vis sole Appellant only, is set aside. Necessary amendment to be carried out within a period of one week from today.

4.

Application is disposed of accordingly. No order as to costs. 5.

copy of this order.

[M.M.SATHAYE,J.] Sneha Chavan page 2 /2