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Bombay High CourtIA/10518/2022disposed off

Mrs. Ratan Uttam Dhamankar (Deceased) Thr Lrs. Uttam D. Dhamankar And ORS v. Naiknavare Township Pvt. Ltd. Through Its Directors And ORS

2022-08-05Hon'Ble Shri Justice C.V. Bhadang2 pages

12-ia-10516-2022 & Ors..doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 10516 OF 2022 WITH INTERIM APPLICATION NO. 10517 OF 2022 IN APPEAL FROM ORDER NO. 148 OF 2014 Mr. Prakash S. Dhore (Decd) through LRs. & Ors.

...Applicants V/s.

Naiknavare Township Pvt. Ltd. and Ors.

...Respondents

WITH INTERIM APPLICATION NO. 10518 OF 2022 IN APPEAL FROM ORDER NO. 148 OF 2014 Digitally signed by MAMTA AMAR KALE Date:

2022.08.05 18:42:40 +0530 Mr. Ratan Uttam Dhamankar (Decd) through LRs. Uttam Dhamankar & Ors.

...Applicants V/s.

Naiknavare Township Pvt. Ltd. and Ors.

...Respondents

MAMTA AMAR KALE ---- Ms. Shraddha Pawar i/b. Mr. Dilip Bodakefor the Applicants and for Respondents in AO/1255/2013.

Mr. R. D. Soni i/b. Mr. Ram & Co. for the Respondent No.1 in AO/148/2014 and for Appellant in AO/1255/2013. ---- CORAM : C.V. BHADANG, J.

DATE : 5 AUGUST 2022 Mamta Kale page 1 of 2

12-ia-10516-2022 & Ors..doc P.C.

.

These applications are filed for bringing legal representatives of the deceased Appellant No.1, 6 and 13, on record, who expired during the pendency of the appeal. 2.

The learned counsel for the Respondent No.1 states that the application has been filed after two years. However, the learned counsel for the Applicants - Appellants points out that some of the Appellants who are legal representatives of the deceased Appellant are already on record. Therefore, there is no abatement.

3.

In that view of the matter, the applications are allowed, as prayed. Necessary amendment to be carried out within three weeks.

4.

The Appellants to serve a copy of the amended appeal memo on the other side.

5.

The civil applications are disposed of.

C.V. BHADANG, J.

Mamta Kale page 2 of 2