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Bombay High CourtIA/4572/2023disposed off

Geeta Gautam Acharya And ORS v. Balkrishna Yashwant Gonbare And ORS

2024-01-05Hon'Ble Justice Dr. Neela Kedar Gokhale2 pages

18-ASIA-4572-2023.DOC 2024:BHC-AS:754 Gaikwad RD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.4572 OF 2023 IN WRIT PETITION NO.2687 OF 2019 WITH WRIT PETITION NO.2687 OF 2019 Geeta Gautam Acharya & Ors.

...Applicants In the Matter Between:

Balkrishna Yeashwant Gonbare

...Petitioner

Versus

Gautam Vinayak Acharya & Ors.

...Respondents

None for the Applicants.

Mr. Akshay S. Pansare, i/b. Mr. Sachindra B. Shetye, for the Respondent/original Petitioner.

Mr. Sanjay Rayrikar, for Respondent No.5-State.

CORAM

Dr. Neela Gokhale, J.

DATED:

5th January 2024 PC:- 1.

This is an application made by the legal heirs of the deceased Respondent No.1 seeking to implead them as Respondents No. 1(a) to 1(d) in place of their deceased father. Although none appear for the legal heirs today, Mr. Pansare appearing for the original Petitioner and Mr. Rayrikar, learned AGP appearing for Respondent 5th January 2024

18-ASIA-4572-2023.DOC No.5-State have no objection to bring on record the legal heirs. There is a delay of 21 of days in making the present application. 2.

Considering the averments in the application, there is a reasonable ground to condone the delay and allow the application. The delay is condoned and the application is allowed. 3.

The applicants be impleaded as Respondents No. 1(a) to 1(d) in place of Respondent No.1, their deceased father. The Petitioner is directed to amend the Petition to that extent within a period of two weeks from today and file copy of the amended Petition with advance notice to all the Respondents.

4.

List the Petition on 12th February 2024.

(Dr. Neela Gokhale, J) 5th January 2024