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Bombay High CourtCAS/100/2022disposed off

Pandurang Sitaram Kene (D/H) And Others v. Balaram Shankar Kene And Others

2023-10-26Hon'Ble Smt. Justice Anuja Prabhudessai4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.581 OF 2014 WITH CIVIL APPLICATION NO.100 OF 2022 WITH CIVIL APPLICATION NO.101 OF 2022 WITH CIVIL APPLICATION NO.102 OF 2022 WITH INTERIM APPLICATION NO.18196 OF 2022 IN SECOND APPEAL NO.581 OF 2014 Pandurang Sitaram Kene since deceased through his legal representative1A. Bharat Pandurang Kene and Ors.

...Appellants/Applicants

Versus

Balaram Shankar Kene and Ors.

...Respondents

....

Mr. Akshay Kumar with Mr. Kunal Bhanage for the Applicants. Mr. Rohit D. Joshi for the Respondents.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED: 26th OCTOBER, 2023.

P.C.:- CIVIL APPLICATION NO.100 OF 2022:- 1.

By this application, the Applicants have sought to Digitally signed by MEGHA SHREEDHAR PARAB Date:

2023.10.30 18:18:06 +0530 MEGHA SHREEDHAR PARAB condone the delay to bring on record the legal representatives of the 1/4

deceased Respondent No.2.

2.

Mr. Rohit Joshi, learned counsel waives service of notice on behalf of the proposed legal representatives of the deceased Respondent No.2. He has no objection to condone the delay and allow the application.

3.

Hence, in view of the statement made by learned Advocate for the Respondents and for the reasons stated in the application, the Respondent Nos.(2a) to 2(e) are ordered to be brought on record. Cause title be amended within a week. 4.

CIVIL APPLICATION NO.101 OF 2022:- 5.

By this application, the Appellants have sought to bring on record the legal representatives of the deceased Appellant No.4 6.

Learned counsel for the Respondents has no objection. In view of the said statement and for the reasons stated in the 2/4

application, the delay is condoned. The legal representatives of the deceased Appellant No.4 be brought on record. Cause title be amended within a week.

7.

CIVIL APPLICATION NO.102 OF 2022:- 8.

By this application, the Applicants have sought to condone the delay to bring on record the legal representatives of the deceased Respondent No.4.

9.

Mr. Rohit Joshi, learned counsel waives service of notice on behalf of the proposed legal representatives of the deceased Respondent No.4. He has no objection to condone the delay and allow the application.

10.

Hence, in view of the statement made by learned Advocate for the Respondents and for the reasons stated in the application, Respondent Nos.(4a) to 4(g) are ordered to be brought on record. Cause title be amended within a week. 3/4

11.

INTERIM APPLICATION NO.18196 OF 2022:- 12.

Stand over to 10/11/2023. Reply, if any, to be filed on or before the next date of hearing.

(SMT. ANUJA PRABHUDESSAI, J.) 4/4