Shri Maruti Ganpat Deshmukh v. Shri Shantaram Devji Shinde And ORS.

JOHNSON GONSALVES Date: 2024.02.15 19:12:04 +0530 SMITA JOHNSON GONSALVES

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.536 OF 1997 Shri Maruti Ganpat Deshmukh ...Appellant vs.

Shri Shantaram Devji Shinde & Ors.

...Respondents

WITH INTERIM APPLICATION (STAMP) NO.4968 OF 2024 IN SECOND APPEAL NO.536 OF 1997 Vilas Maruti Deshmukh (since deceased) ...Applicant Through LRS In the matter between Shri Maruti Ganpat Deshmukh ...Appellant vs.

Shri Shantaram Devji Shinde & Ors.

...Respondents

....

Mr. Ashutosh Gavnekar, i/b. C.G. Gavnekar, for the Appellant. Mr. Rajiv Jadhav, for Respondent No.1.

Mr. Jayesh Gawde, for Respondent Nos.2B, 2D and 2E. ....

CORAM : R.N. LADDHA, J.

DATE : 15 FEBRUARY 2024 1 / 3

P.C. :

Interim Application (Stamp) No.4968 of 2024 In Second Appeal No.536 of 1997 .

Not on board. Taken on board.

2.

This is an application for condonation of delay in bringing legal heirs of appellant no.1(b) on record and to implead the legal heirs in place of deceased appellant no.1(b) on record. 3.

For the reasons stated in the application, the application is allowed. Necessary amendment be carried out forthwith. 4.

The learned Counsel for the parties in unison submit that the parties to the appeal have arrived at a compromise and tender consent terms along with special power of attorney, signed by the parties and identified by them. The same is taken on record and marked "X" for identification.

5.

The parties present before the Court accepted the contents of the consent terms and are identified by their respective Counsel. 6.

In view of this, office to draw the consent decree as per the consent terms.

2 / 3

7.

Second appeal stands disposed of.

8.

In view of the disposal of the appeal, the application, if any, stands disposed of.

(R.N. LADDHA, J.) 3 / 3