Kashinath Hari Rupnar Decd And ORS. v. Shri.Anna Hari More Decd And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2359 OF 2016 WITH CIVIL APPLICATION NO. 2361 OF 2016 WITH CIVIL APPLICATION NO. 2364 OF 2016 WITH CIVIL APPLICATION NO. 2360 OF 2016 WITH CIVIL APPLICATION NO. 2362 OF 2016 WITH CIVIL APPLICATION NO. 2363 OF 2016 IN WRIT PETITION NO. 5719 OF 2001 rrpillai Kashinath Hari Rupnar Decd and Others...

Applicants /Petitioners Vs.

Shri Anna Hari More Decd and Others ...

Respondents WITH INTERIM APPLICATION NO. 3410 OF 2023 IN CIVIL APPLICATION NO. 2363 OF 2016 Suresh Kashinath Rupnar ...

Applicant Vs.

Shri Anna Hari More since Decd and Others ...

Respondents through LRs and Others Mr. S. S. Mohanty h/f. Mr. T. D. Deshmukh for the Applicant/Petitioner. Mr. Sumedh S. Modak i/b. Mr. Vijay Killedar for Respondent Nos. 1A(I), 3, 4A, 4B, 4C, 4D, 5A, 5B(I) and 5B(II) in CAW/2361/2016 and CAW/2359/2016.

by RAJESHWARI RAMESH PILLAI Date:

2024.05.09 11:27:23 +0530 RAJESHWARI RAMESH PILLAI 1/5

CORAM : GAURI GODSE, J.

DATE :

6th MAY 2024 P.C.

Civil Application No. 2359 of 2016 1.

legal representatives of deceased petitioner no.3A. There is a delay in filing the application.

2.

Learned counsel for the applicant submits that the reason for delay is explained in paragraph 4 of the application. She further submits that copy of the application is served upon respective Advocates appearing for respective respondents. 3.

There is no opposition to allow the application. I have perused the application. For the reasons stated in the application, delay is condoned. Application is allowed in terms of prayer clause (b), (c) and (d). Amendment to be carried out on or before 18th June 2024. Civil Application No. 2360 of 2016 4.

legal representatives of deceased petitioner no.4A. There is a delay in filing the application.

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5.

Learned counsel for the applicant submits that the reason for delay is explained in paragraph 4 of the application. She further submits that copy of the application is served upon respective Advocates appearing for respective respondents. 6.

None appears to oppose the application. I have perused the application. For the reasons stated in the application, delay is condoned. Application is allowed in terms of prayer clause (b), (c) and (d). Amendment to be carried out on or before 18th June 2024. Civil Application No. 2361 of 2016 7.

This application seeks leave to delete name of deceased petitioner no. 5. Learned counsel for the applicant submits that petitioner no. 5 has expired. There are no surviving heirs and legal representatives of petitioner no. 5. Hence, she seeks leave to delete petitioner no.5.

8.

For reasons stated in the application, it is allowed in terms of prayer clause (b) and (c). Amendment to be carried out on or before 18th June 2024.

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Civil Application No. 2362 of 2016 9.

legal representatives of deceased respondent no.1A. There is delay in filing the application. Proposed respondent is represented through Advocate. Delay in filing application is explained in paragraph 4 of the application.

10.

For the reasons stated in the application, delay is condoned and application is allowed in terms of prayer clause (b), (c) and (d). Amendment to be carried out on or before 18th June 2024. Civil Application No. 2364 of 2016 11.

legal representatives of deceased respondent no.5B. There is delay in filing the application. Proposed respondent is represented through Advocate. Delay in filing application is explained in paragraph 4 of the application.

12.

For the reasons stated in the application, delay is condoned and application is allowed in terms of prayer clause (b), (c) and (d). Amendment to be carried on or before 18th June 2024. 4/5

Civil Application No. 2363 of 2016 13.

legal representatives of deceased respondent no.4. There is delay in filing the application. Proposed respondent is represented through Advocate. Delay in filing application is explained in paragraph 4 of the application.

14.

For the reasons stated in the application, delay is condoned and application is allowed in terms of prayer clause (b), (c) and (d). Amendment to be carried out on or before 18th June 2024. Interim Application No. 3410 of 2023 15.

Civil Application No. 2363 of 2016 is already allowed by passing separate order. Hence, this application is disposed of as infructuous. [GAURI GODSE, J.] 5/5