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Bombay High CourtIA/13249/2023allowed

Shri. Satyawan Madhukar Labde v. Shri. Vasant Govind Tilak Decd Thru Lhrs

2023-07-10Hon'Ble Shri Justice Abhay Ahuja3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.13248 OF 2023 WITH INTERIM APPLICATION NO.13249 OF 2023 IN WRIT PETITION NO.8453 OF 2023 Shri Satyawan Madhukar Labde ... Petitioner/Applicant Vs.

Shri Vasant Govind Tilak (Since deceased through legal heirs) Ms. Sunanda Madhavrao Vaidya and anr. ... Respondents ------- Mr.K.L.Vyas with Mr.Karan K. Vyas, Advocates for the Petitioner/Applicant.

Ms.Leena Temkar i/by Mr.Deepak Jamsandekar, Advocates for the Respondents.

------- CORAM : ABHAY AHUJA, J.

DATE : 10 JULY, 2023.

P.C. :

INTERIM APPLICATION NO.13249 OF 2023 1.

This is an interim application seeking to bring on record the heirs of deceased-Respondent No.2. There is also a delay of 153 days in preferring this application.

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Mr.K.L.Vyas, learned counsel for the Applicant draws the attention of this court to paragraphs No.5 to 7 of the application and submits that there are two legal heirs, one of them is Respondent No.1 who is already party to the proceedings and only the second legal heir Shri Pradeep Madhavrao Vaidya whose address mentioned in paragraph No.6 is to be brought on record.

3.

Ms.Leena Temkar, learned counsel for the Respondents in the petition has no objection if the application is allowed. 4.

Having heard the learned counsel and having perused the application, let the delay of 153 days in filing this application be condoned.

6.

Let Mr.Pradeep Madhavrao Vaidya be brought on record as the legal heir and representative in place of Respondent No. 2 alongwith Mr. Dilip Madhavrao Vaidya.

7.

Let the above as well as the proposed amendments in schedule-1 also be carried out within a period of two weeks.

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Accordingly, Interim Application stands disposed of. WRIT PETITION NO.8453 OF 2023 9.

Let the copy of the amended petition as well as the other applications be served on the other side within a period of two weeks thereafter.

10. List the petition on 8th August, 2023.

(ABHAY AHUJA, J.)