Ravindra S. Sawant v. Smt. Shailaja Balkrishna Korgaonkar And ORS

224-caw.1467-2019.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1467 OF 2019 IN WRIT PETITION NO.2193 OF 2000 Ravindra S. Sawant ..Applicant In the matter between :- Smt. Shailaja Balkrishna Korgaonkar & Ors.

..Petitioners Vs The Municipal Corporation of Greater Mumbai & Ors. ..Respondents ----- Mr. P.G. Karande for the Petitioner/Applicant. ----- CORAM : A.S.GADKARI, J.

DATE : 22nd July 2019.

P.C.:

1] This is an application for bringing legal heirs of petitioner No.1 on record. There is delay of 12 years, 7 months and 36 days in preferring the application. It is submitted that, the fact of demise of the petitioner No1 came to the knowledge of the Advocate for the petitioners on 11.6.2019 when the petition was taken up for final hearing. The said fact of demise of the petitioner No.1 was not informed by the heirs of the petitioner No.1 to their Advocate, as the said heirs were oblivious of the pendency of the present petition. It is further submitted that, the other petitioners who were prosecuting the petition were also not conscious about the fact that, demise of petitioner No.1 was to be reported to 1/2

224-caw.1467-2019.doc their Advocate.

2] After perusing the application, it is observed that, sufficient cause is made out for condonation of delay.

3] In view thereof, application is allowed in terms of prayer clauses (a), (b) and (c).

Amendment be carried out within a period of three weeks from today. After amendment is carried out, the petitioner is directed to serve a copy of the amended petition to the Advocates for the respondents within same period. 4] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 2/2