Kisan Savaleram Bodke(Since Decd.Thr.Lrs) Shri. Dattatray Kisan Bodke And ORS v. Pandharinath Dhondiba Bodke (Since Decd. Thr.Lrs) Smt. Sudhabai Pandharinath Bodke And ORS

Osk 7-IA-2459-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2459 OF 2021 IN SECOND APPEAL NO. 07 OF 2009 Kisan Savaleram Bodke (Since deceased) Through LRs.

Dattatray Kisan Bodke & Ors.

... Applicants/Appellants V/s.

Pandharinath Dhondiba Bodke (Since deceased) Through LRs.

Smt.Sudhabai Pandharinath Bodke & Ors.... Respondents Mr.Akshay S. Bavare a/w. Mr.Prasanna Shahane for Applicants/Appellants. Mr.Manish Kelkar for Respondents.

CORAM : A.S. GADKARI, J.

DATE : 23rd September 2021.

(Through Video Conferencing) P.C. :

1.

This is an application for bringing legal heirs of sole AppellantKisan Savaleram Bodke on record. 2.

It is stated that, the sole Appellant passed away on 30th September 2019 leaving behind the Applicant Nos.1 to 3 and 4(A) to 4(D) as his legal heirs and representatives.

There is a delay of 289 days in filing the present application. 1/2

Osk 7-IA-2459-2021.odt 3.

Advocate Mr.Kelkar, appearing for the Respondents has no objection in condoning the delay and allowing the present application. 4.

Perusal of application would indicate that, sufficient cause for condonation of delay is made out.

5.

In view of the above and for the reasons stated in the Application, the delay is condoned, abetment if any is set-aside and Application is allowed in terms of prayer Clauses (a) and (b).

6.

Necessary amendment in the record of Court and in the copies served upon the learned Advocate for the Respondents be effected within a period of three weeks from today.

7.

Application is allowed in the aforesaid terms. [A.S. GADKARI, J.] by OMKAR SHIVAHAR KUMBHAKARN Date:

2021.09.23 15:22:58 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2