Smt. Vithabai Haribhau Varahade And ANR. v. Shri Vasudeo Sakharam Vaikole And ANR

1/2 36.IA.15409.2023.doc by ANANT KRISHNA NAIK Date:

2024.02.16 17:20:21 +0530 ANANT KRISHNA NAIK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.15409 OF 2023 IN CIVIL REVISION APPLICATION NO.529 OF 2015 Vithabai Haribhau Varahade & Anr.

..... Applicants Vs.

Vasudeo Sakharam Vaikole and Anr.

..... Respondents Adv. Rukmini Khairnar i/b. Adv. Promod Joshi for the Applicants Adv. Shubham J. i/b. G. R. Agrawal for the Respondents CORAM : M. M. SATHAYE, J.

DATED : 14th FEBRUARY, 2024 P.C.:

1.

Heard learned Counsel for the parties. This Application is for bringing legal heir of deceased Petitioner No. 1 - Vithabai Haribhau Varahade on record. There is delay of 26 days in filing the application. No reply is filed.

2.

It is stated in the Application that proposed legal heir is already on the record as Petitioner No. 2 in his personal capacity. Considering that the proposed legal heir is already on record, delay is only technical. Considering the uncontroverted averments in the akn 1/2

2/2 36.IA.15409.2023.doc application, case is made out with sufficient cause. Hence, the interim Application is granted in terms of prayer clause (a), (b) and (d). 3.

Delay is condoned. The Applicants are permitted to bring the Petitioner No. 2 on record as legal heir of the Petitioner No. 1. Interim Application is disposed of. Necessary amendment to be carried out within three weeks from today.

(M. M. SATHAYE, J.) akn 2/2