Kiran Ramlal Pardeshi Decd Thru Lhr Pradeep K Pardeshi v. Mahatma Gandhi Vidyamandir Through Secretary And ORS

150. IA 10319 of 2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 10319 OF 2022 IN WRIT PETITION NO. 1975 OF 2016 Kiran Ramlal Pardeshi Decd.

Thru LHR Pradeep K. Pardeshi ...Applicant vs.

Mahatma Gandhi Vidyamandir Through Secretary and Ors.

...Respondents

***** Adv. Sangeeta Salvi - - Advocate for the Applicant/Petitioner Nikhil Chavan i/by Dr. Rajendra Anbhule- Advocate for Respondent Nos. 7, 8 and 9.

Adv. M. Shelar i/by S. S. Patwardhan - Advocate for Respondent Nos. 1 to ***** CORAM :

S.V. GANGAPURWALA AND S. M. MODAK, JJ.

DATE :

13th JULY, 2022 P. C. :- 1.

This is an application for bringing on record the legal heirs of the Petitioner No. 2.

2.

There is a delay of filing the present application, the cause to sue survives.

3.

It is trite that the abatement has to be strictly construed and an application for setting aside the abatement has to be liberally construed. 4.

For the reasons stated in the application, the Interim application is allowed in terms of prayer clauses 'a' and 'b'. Necessary amendment to be by SEEMA KSHITIJ YELKAR Date:

2022.07.20 11:04:21 +0530 SEEMA KSHITIJ YELKAR Seema 1/2

150. IA 10319 of 2022.doc carried out in the Petition within 14 days.

5.

Interim Application No. 10319 of 2022 is disposed of. [S. M. MODAK, J.] [S.V. GANGAPURWALA,J.] Seema 2/2