Vibha R. Singh And ORS v. Shailesh Sevantilal Shah And ORS

5.ia.330-22.doc PMB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PRADNYA MAKARAND BHOGALE INTERIM APPLICATION NO.330 OF 2022 IN APPEAL FROM ORDER NO.216 OF 2019 PRADNYA MAKARAND BHOGALE Date: 2022.11.09 15:42:42 +0530 Vibha R. Singh and ors.

..Applicants

IN THE MATTER OF

Vibha R. Singh and ors.

..Appellants vs.

Shailesh Sevantilal Shah and ors.

..Respondents ------------ Mr. Ketan Chotani a/w Ms. Anushka Shetty i/b. MLS Vani and Associates for applicants.

Mr. Raju D. Suryawanshi for respondent no.1.

Mr. Mohammed Lokhandwala i/b. Deven Dwarkadas and Partners for respondent nos.2 and 3.

------------ CORAM : M. S. KARNIK, J.

DATE : NOVEMBER 9, 2022.

P.C. :

1.

This is an application for bringing the legal heirs of respondent no.1 on record who died on 04.10.2020. There is a delay of 90 days in filing the application. I am informed that the trial Court has already allowed the application for bringing the legal heirs of respondent no.1 on record.

5.ia.330-22.doc 2.

Mr. Suryawanshi, learned counsel appeared on behalf of the legal heirs of respondent no.1 and opposed the application.

3.

However, for the reasons mentioned in the application, the delay of 90 days in filing the application deserves to be condoned. The Interim Application is allowed in terms of prayer clauses (a), (b) and (c). The legal heirs of respondent no.1 as shown in the schedule i.e. respondent nos.1a to 1d be brought on record by carrying out consequential amendments within a period of two weeks from today.

4.

Interim Application stands disposed of. No costs. (M. S. KARNIK, J.)