Arun Dattatraya Deshpande v. Gangaram Ananda Dhutre (Since Decd) Through Lrs.

by VIDYA SURESH AMIN Date:

2021.09.15 10:56:15 +0530 VIDYA SURESH AMIN 6.CAW1920_2014.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1920 OF 2014 IN WRIT PETITION NO. 2090 OF 2000 WITH WRIT PETITION NO. 2090 OF 2000 Arun Dattatraya Deshpande ... Petitioner/Applicant V/s.

Gangaram Ananda Dhutre (since deceased) through LRs. Shakuntala G. Dhutre & Ors.... Respondents Mr. S.M. Railkar for the applicant/petitioner. Mr. Tejesh Dande a/w. Mr. Bharat Gudhavi, Mr. Vishal Navale i/b. Tejesh Dande & Associates for the respondents. CORAM : G.S.KULKARNI, J.

DATE : 14 September, 2021.

P.C.:

This is an application filed on 1 August, 2014 to bring the legal heirs of the sole respondent, who has expired on 5 September, 2010. 2.

The applicant has set out the reasons for delay in filing this application in paragraphs 2 and 3 of the Application. In my opinion, although there is a delay of about 3 years, 8 months and 7 days, the delay has been sufficiently explained. It is in the interest of justice that the application to bring the legal heirs of deceased respondent is required to be allowed. It is, accordingly, allowed in terms of prayer 1/2

6.CAW1920_2014.doc clause (a). Necessary amendment be carried out within one week from today.

3.

Mr. Dande states that he was appearing for the deceased sole respondent. He is free to take instructions if he can represent the legal heirs of deceased respondent.

4.

After the amendment is carried out, issue notice to the added respondent nos. 1A to 1E. In addition to the Court notice, learned advocate for the petitioner is permitted to serve the added respondents by private service and place on record an affidavit of service on or before the adjourned date of hearing.

5.

Office to add this writ petition in the list of Final Hearing matters.

(G.S.KULKARNI, J.) 2/2