Awadhnarayan Rampratap Shukla (Since Deceased) Thr. Lrs. Kalavati Awadhnarayan Shukla v. Late Digambar Bodharam Deshmukh Since Deceased Through Rajiv Digambar Deshmukh

1/2 34.IA.213.2024 .doc by ANANT KRISHNA NAIK Date:

2024.02.21 13:02:55 +0530 ANANT KRISHNA NAIK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION INTERIM APPLICATION NO. 213 OF 2024 In CIVIL REVISION APPLICATION 274 OF 2012 Awadhnarayan Rampratap Shukla (since Deceased) Thr. Lrs. Kalavati Awadhnarayan Shukla & Ors.

....Applicants V/S Late Digambar Bodharam Deshmukh Since Deceased Through Rajiv Digambar Deshmukh ....Respondent Adv. D. S. Mhaispurkar a/w. Adv. Hrishikesh Pawarkar for the Petitioner/Applicant.

None for the Respondent.

CORAM : M. M. SATHAYE, J.

DATED :

20th FEBRUARY, 2024 P.C.:

1.

Heard learned Counsel for the Applicants, who are the wife, sons and daughter of the sole Applicant in the above Revision Application. None for the Respondent.

2.

This is an Application for bringing the Applicants on record as legal heirs of the sole Applicant. Copy of the death certificate annexed to the Application shows that the sole Applicant expired on 06/03/2021. The period of 90 days expires around 04/06/2021, which was during the summer vacation of the Court that year. The Application is filed on first day akn 1/2

2/2 34.IA.213.2024 .doc of re-opening of the Court. Learned Counsel for the Applicants submits that therefore the Application is filed in the time and same may be allowed. 3.

The period of limitation was suspended from 15/03/2020 to 28/02/2022 under the orders of the Hon'ble Supreme Court due to Corona Pandemic. In that view of the matter, the Application is filed in time and the office note raising delay objection is dispensed with. 4.

Considering the above dates and averments in the Application, the same is allowed in terms of prayer clause (a). The Applicants are permitted to be brought on record as the legal heirs of the deceased sole Applicant in the record of Revision Application. Necessary amendment to be carried out within three weeks from today. Amended copies be served upon the Respondents simultaneously.

5.

this order.

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