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Bombay High CourtIA/18882/2022disposed off

Narmada Co Op Housing Soc Ltd. Thr Chairman v. Bhaskar Govind Bhoir Since Dec Thr Legal Heirs And ORS

2022-11-17Hon'Ble Shri Justice Valmiki Sa Menezes2 pages

16.IA.18882.2022.doc Digitally signed by AARTI G PALKAR Date:

2022.11.24 14:58:10 +0530 AARTI PALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.18882 OF 2022 IN WRIT PETITION NO.5093 OF 2018 Narmada Co-Operative Housing Society Ltd.

.... Applicant

Versus

Latika Bhaskar Bhoir & Ors.

....

Respondents Mr. Prashant Rane i/b. Rane & Co. for the Applicant. Mr. Atharv Sawant i/b. Soloman & Co. for Respondent Nos.4A & 4B. Mr. Yatin R. Shah for Respondent No.7.

CORAM : VALMIKI SA MENEZES, J.

DATE : 17th NOVEMBER, 2022 P.C. :

1.

This is an application for bringing legal representatives of deceased Respondent Nos.8 & 9 in Writ Petition No.5093 of 2018 and for allowing the proposed Respondent Nos.13 and 14 to be joined/added as partyrespondents to the present petition in place of Respondent Nos.8 and 9 as mentioned in Schedule 'I' annexed at Exh.B to the Interim Application. 2.

The application is filed within a period of 90 days from the date of knowledge of death of the said respondents. However, since Respondent Nos.8 and 9 have expired on 07.10.2009 and 08.12.2013 respectively, the application would otherwise be beyond the period of limitation. 3.

For the reasons stated in the application, the application is allowed in terms of prayer clause (a) to (c) of the application. Aarti Palkar

16.IA.18882.2022.doc 4.

Learned counsel for the Petitioner to carry out necessary amendment to the cause-title of Writ Petition No.5093 of 2018 to add legal representatives of deceased Respondent Nos.8 & 9, whose names are listed in the cause-title of the application as proposed Respondent Nos.13 & 14, within a period of two weeks from today.

5.

Interim Application is disposed of in the above terms. [VALMIKI SA MENEZES, J.] Aarti Palkar