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Bombay High CourtIA/17868/2022disposed off

Smt. Atula Prashant Bhoi (Deceased) Thr. Lrs. 1.1)Ashutosh Prashant Bhoi v. Mr. Bhalchandra Narayan Bhoir (Deceased) Thr.Lrs.1.1) Prabhavati Bhalchandra Bhoir

2024-01-03Hon'Ble Shri Justice Kishore C. Sant2 pages

(33)-IA-17868-22.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2024.01.04 10:31:56 +0530 BALAJI GOVINDRAO PANCHAL INTERIM APPLICATION NO.17868 OF 2022 IN FIRST APPEAL NO.1030 OF 2015 WITH FIRST APPEAL NO.1030 OF 2015 WITH CIVIL APPLICATION NO.3147 OF 2015 Mr. Bhalchandra Narayan Bhoir Since deceased through legal heirs Prabhavati Bhalchandra Bhoir & Ors.

..Applicants

IN THE MATTER BETWEEN

Smt. Atula Prashant Bhoi & Anr.

..Appellants

Versus

Mr. Vinit Liladhar Bhoir ..Respondents Mr. Yogesh Thorat a/w Hrishikesh Khupsare i/by Ashok Tajane, for the Appellants.

Mr. Omkar S. Paranjape, for the Respondent Nos.2A to 2F. CORAM : KISHORE C. SANT, J.

DATE : 3rd JANUARY, 2024 P.C.

1.

At the outset, learned advocate for the Appellant seeks liberty to correct the title of the application as Respondent Nos.2A to 2F were shown as Applicants as proposed Respondents are heirs of Respondent No.2, namely Bhalchandra Narayan Bhoir. The proposed Respondent No.2F is already shown as Respondent No.5 BGP.

(33)-IA-17868-22.doc.

in the Appeal. There is also prayer made for condonation of delay of six years and one month that is caused in filing this application. 2.

From the record, it is seen that deceased Bhalchandra Narayan Bhoir died on 06.03.2016. Proposed Respondent Nos.2A to 2F are the only heirs of the deceased.

3.

For the reasons stated, delay is condoned.

4.

The application is allowed.

5.

Appellant to carry out amendment within one week. 6.

Mr. Omkar S. Paranjape waives notice for proposed Respondents.

7.

Amendment and corrections be carried out within two weeks from today.

8.

The application stands disposed of.

[KISHORE C. SANT, J.] BGP.