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Bombay High CourtIA/16595/2022disposed off

Vitthal Ganpat Nighot Decd Thru Lhrs And ORS v. Shri. Chandrakant Baburao Nighot And ORS

2023-03-01Hon'Ble Shri Justice Milind N. Jadhav2 pages

73.ia.16595.11.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE CIVIL APPELLATE JURISDICTION JURISDICTION INTERIM APPLICATION NO.16595 OF 2022 IN WRIT PETITION NO. 2512 OF 2011 Vitthal Ganpat Nighot Since deceased through his Legal Heirs Tarabai Vitthal Nighot and Ors.

..

Applicants / Petitioners

Versus

Chandrakant Baburao Nighot and Ors.

..Respondents ....................

 Mr. Manoj Patil i/by Mr. Abhijit B. Kadam, Advocate for Applicants. ...................

CORAM :MILIND N. JADHAV, J.

DATE :MARCH 01, 2023.

P.C.:

1.

Heard Mr. Patil, learned Advocate for the Applicants. 2.

This Interim Application has been filed for bringing the legal heirs of deceased Applicant No.1 on record by condoning delay of 998 days in filing the present Interim Application. Applicant No.1 has expired on 21.07.2019.

3.

Perused the Interim Application. For the reasons stated therein, the delay of 998 days in filing the Interim Application is condoned and the legal heirs of deceased Applicant No.1 are permitted to be brought on record. However, the benefit of the order dated 10.01.2022 passed by the Supreme Court in Misc. Application No.21 of 2022 in Misc. Application No.665 of 2021 in Suo Motu Writ

73.ia.16595.11.doc Petition (c) No.3 of 2020 for excluding the period of the Covid-19 pandemic for the purpose of allowing exemption from limitation will be available to the Applicants.

4. Interim Application stands allowed in terms of prayer clauses '

a', 'b' and 'c'. Amendment to be carried out within two weeks from today. Re-verification stands dispensed with. Copy of the amended cause title be served on the other side.

5.

Interim Application is disposed.

6.

List the Writ Petition on Board on 15th March, 2023. In the meanwhile, ad-interim relief granted vide order dated 26.04.2011 shall continue.

[ MILIND N. JADHAV, J. ] AJAY TRAMBAK UGALMUGALE Date: 2023.03.02 17:29:19 +0530 AJAY TRAMBAK UGALMUGALE