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Bombay High CourtIA/2962/2021allowed

Bipin Chunilal Kamdar (Fifadara) (Deceased) Thr. L.R.S. Meena Bipin Kamdar And ORS. v. Mr. Bhupendra Chunilal Kamdar (Fifadara) And ORS.

2021-10-21Hon'Ble Shri Justice N. J. Jamadar2 pages

15-ia-2962-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2021.10.25 14:54:04 +0530 INTERIM APPLICATION NO. 2962 OF 2021 SHRADDHA KAMLESH TALEKAR IN FIRST APPEAL (ST.) NO. 16450 OF 2019 Meena Bipin Kamdar (Fifadara) & Ors.

... Applicants In the matter between :

Bipin Chunilal Kamdar (Fifadara) ..Appellant vs.

Bhupendra Chunilal Kamdar (Fifadara) & Ors.

..Respondents Ms. Sapna S. Krishnappa for applicants in IA. Ms. Chaitali Jadhav i/b Mehul Shah for respondent No.1. CORAM :N. J. JAMADAR, JJ.

DATE :21st OCTOBER , 2021 P.C.:

1.

Heard the learned counsel for the applicants. 2.

This application is taken out to bring the legal representatives of the appellant, who expired on 24th August 2020. The application is supported by the affidavit and copy of the Death Certificate of the appellant issued by the Municipal Corporation of Greater Mumbai. 3.

In the backdrop of the fact that the appellant passed away during the Pandemic, the aspect of delay does not crop up for consideration.

Shraddha Talekar, PS 1/2

15-ia-2962-2021.doc 4.

Hence, the application stands allowed in terms of prayer clause (a).

5.

The applicants are permitted to bring themselves on record as the legal representatives of the appellant. Necessary amendment be carried out in the cause-title of the appeal memo within a period of two weeks and copy of the amended appeal memo be served on the respondents.

6.

The application stands disposed of.

(N. J. JAMADAR, J.) Shraddha Talekar, PS 2/2