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Bombay High CourtCAW/2103/2017disposed off

Dr. Kirtikumar Vinodchandra Mehta ( Since Deceased Throuh Lrs.) And ANR. v. Smt. Jamnabai Shivpratap Bang (Decd) Through Lrs.

2022-10-12Hon'Ble Shri Justice Milind N. Jadhav2 pages

7. WP.1332.15.doc ssk IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL CIVIL APPELLATE APPELLATE JURISDICTION JURISDICTION CIVIL APPLICATION NO.2103 OF 2017 WITH WRIT PETITION NO. 1332 OF 2015 Dr. Kirtikumar Vinodchandra Mehta and Anr.

Applicants/ Petitioners

Versus

Jamnabai Shivpratap Bang (Deceased through legal heirs) Rajgopal Shivpratap Bang and Ors. ..Respondents ..

None for Petitioners.

Mr. Pradip Zende i/by Mr. Nandu Pawar, Advocate for Respondent Nos.1A to 1D and 2.

Mr. Kamlesh Mali for Respondent No.5.

Ms. Madhubala Kajle, 'B' Panel for Respondent Nos. 3, 4 and 6. CORAM :MILIND N. JADHAV, J.

DATE :OCTOBER 12, 2022.

P.C.

:

1. Heard Advocate appearing for the parties.

2. Civil Application has been filed by proposed Applicants (including Petitioner No.2) for bringing legal heirs of deceased Petitioner No.1 on record. Admittedly, there is a delay of 109 days in filing the said Application. The details of the legal heirs are stated in paragraph No.3 of the Application.

3. Learned Advocates appearing for Respondents have no objection for allowing the said Application.

4. For the reasons mentioned in paragraph Nos. 4 and 5 of the Application, Application stands allowed in terms of prayer clauses (a) and (b) which read thus:-

7. WP.1332.15.doc "(a) The delay of 109 days caused in bringing the legal heirs of deceased Petitioner No.1 on record may be condoned. (b) That this Hon'ble Court be pleased to permit the Applicants to bring the legal heirs of deceased Petitioner No.1, more particularly described in para 3 of the application and the record be amended accordingly."

5. Amendment be carried out by the Petitioners within a period of four weeks from today.

6. Re-verification is dispensed with.

7. Copy of the amended cause title shall be provided to the Respondents on or before the next date.

8. Civil Application No. 2103 of 2017 stands disposed of.

9. Writ Petition No. 1332 of 2015 is adjourned to 16th November, 2022.

10. Ad-interim / interim relief, if any, granted earlier to continue. [ MILIND N. JADHAV, J. ] SONALI SATISH KILAJE by SONALI SATISH KILAJE Date: 2022.10.12 18:16:10 +0530