Shri. Maruti Uttam Sabale And ORS v. Shri. Somnath Bhaskar Ratnakar(Since Decd.Thr.Lrs) Sunil Somnath Ratnakar And ORS

Digitally signed by HEMANT CHANDERSEN SHIV Date:

2022.07.28 11:43:42 +0530 HEMANT CHANDERSEN SHIV 1/2 30.ia16840.22.doc Shiv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.16840 OF 2022 IN SECOND APPEAL NO.467 OF 2019 Maruti Uttam Sabale & Ors.

... Applicants V/s.

Somnath Bhaskar Ratnakar (Decd.) and Others ... Respondents Mr. Sachin Dhakepalkar for the Applicant/Appellants. Ms. Anjali Binjola for the proposed Respondents. CORAM : S. M. MODAK, J.

DATED : 27TH JULY 2022.

P.C:- 1.

Heard learned Advocate for the Applicants and learned Advocate for proposed legal representatives of Respondent No.1. 2.

Respondent No.1 - Somnath Ratnakar expired on 10th April 2021. Copy of death certificate is annexed. The information about his death was given to the learned Registrar by learned Advocate earlier representing deceased Respondent No.1 as per letter dated 7th March 2022. The details of legal representatives are also mentioned therein. There is delay of one year 9 days in bringing the legal representatives. Ultimately, the Application can be moved only after information of death is given.

3.

In view of that the Application is allowed in terms of prayer clause (a), (b) and (c). Necessary amendment be carried out in the Second Appeal. Learned Advocate waives notice for legal representatives of deceased Respondent No.1. Necessary amendment

2/2 30.ia16840.22.doc be also carried out in pending Civil Applications. 4.

Ad-interim relief granted on 6th July 2022 be continued till the next date.

5.

Matter be kept after on 7th September 2022.

(S. M. MODAK, J.)