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Bombay High CourtCAW/1281/2019allowed

Shri. Dhondu Mahadev Ghatge v. Balkrishna Laxman Sukali And ORS

2024-01-09Hon'Ble Shri Justice Milind N. Jadhav2 pages

16(i).caw.1281.23.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1281 OF 2019 IN WRIT PETITION NO. 473 OF 2013 Dhondu Mahadev Ghatge ..Applicant

IN THE MATTER BETWEEN

Dhondu Mahadev Ghatge and Ors.

..Petitioners

Versus

Balkrishna Laxman Sukhali (Since Deceased) Through Legal heirs and Ors. ..Respondents ....................

 Mr. Kayval P. Shah, Advocate for Applicant / Petitioners. ...................

CORAM :MILIND N. JADHAV, J.

DATE :JANUARY 09, 2024.

P.C.:

1.

Heard Mr. Shah, learned Advocate for Applicant. 2.

This Civil Application has been filed by the Applicant for bringing the legal heirs of deceased Respondent No.2 on record. Deceased Respondent No.2 has expired on 04.08.2017 in the interregnum. There is a delay of 1 year and 145 days in filing the Civil Application. The details of the legal heirs are stated in paragraph No.3 of the Civil Application.

3.

Perused the Civil Application.

4.

For the reasons mentioned in the Civil Application and more specifically in paragraph No.8 thereof, Civil Application stands allowed

16(i).caw.1281.23.doc in terms of prayer clauses 'a', 'b', 'c' and 'd'. Delay of 1 year and 145 days stands condoned. Abatement, if any, also stands set aside. Amendment to be carried out within a period of two weeks from today. Re-verification stands dispensed with. Copy of the amended Writ Petition be served on the other side.

5.

With the above directions, Civil Application is disposed. [ MILIND N. JADHAV, J. ] Ajay AJAY TRAMBAK UGALMUGALE Date: 2024.01.09 18:21:24 +0530 AJAY TRAMBAK UGALMUGALE