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Bombay High CourtIA/19926/2022disposed off

Smt. Housabai Laxman Tathe Decd. Thr. Lhrs Vitthal Laxman Tathe And ORS v. Sushilabai Sopanrao Poman Decd. Thr. Lhrs Suyodhan Sopanrao Poman

2023-02-17Hon'Ble Shri Justice Madhav J. Jamdar2 pages

909-IA-19926-2022.doc Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.19926 OF 2022 Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2023.02.18 11:46:15 +0530 IN WRIT PETITION NO.6585 OF 2007 ARJUN VITTHAL KUDHEKAR Shri. Laxman Kushaba Tathe ...Applicants (Since deceased through his legal heirs) 1-a) Smt. Hausabai Laxman Tathe (Deceased) & Ors.

V/s.

Sou. Sushilabai Sumanrao Poman

...Respondent

(Since deceased through her legal heirs) 1-a) Suyodhan Sumanrao Poman Mr. Ojas Kocharekar, for the Applicants.

Mr. Sandeep Pathak i/b S. B. Deshmukh, for the Respondent.

CORAM : MADHAV J. JAMDAR, J.

DATE : 17th FEBRUARY, 2023 P.C.:

1.

Heard learned counsel appearing for the Applicants and learned counsel appearing for the Respondent. 2.

This Interim Application is taken out to bring on record legal heirs of deceased sole Respondent. The sole Respondent passed away on 1st March, 2022 and the Interim Application is taken out on 5th July, 2022. Learned counsel appearing for

909-IA-19926-2022.doc the Respondent strongly opposes the Interim Application. However, learned counsel appearing for the Applicants states that, learned Advocate of the Respondent informed about the death of the sole Respondent on 7th May, 2022 and immediately the Interim Application is filed after receiving all the details.

3.

Hence, as sufficient reasons are given, the Interim Application is allowed in terms of prayer clauses (A), (B) and (D). Abatement of the Writ Petition is set aside. Amendment be carried out within a period of two weeks from today. 4.

The Interim Application is disposed of in above terms with no order as to costs.

(MADHAV J. JAMDAR, J.)