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Bombay High CourtIA/1273/2023allowed

Shivaji Mahadeo Shitole And ORS v. Sou. Ushatai@ Akkatai Vyankatrao Sankpal And ORS

2023-02-14Hon'Ble Shri Justice Madhav J. Jamdar2 pages

17-ia-1273-2023.doc Sonali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by SONALI MILIND PATIL Date:

2023.02.14 16:52:59 +0530 SONALI MILIND PATIL INTERIM APPLICATION NO. 1273 OF 2023 IN SECOND APPEAL (ST) NO.94360 OF 2020 Shivaji Mahadeo Shitole & Ors.

...Applicants

Versus

Sou. Ushatai @ Akkatai Vyankatrao Sankpal & Ors. ...Respondents Mr. Akshay Kulkarni, i/b. Mr. Ashutosh Kulkarni, for the Applicants. Mr. Laxman Kalel, for the Respondents.

Mr. Ramesh Kamble, for Respondent Nos. 14 and 15. CORAM : MADHAV J. JAMDAR, J.

DATED : 14th FEBRUARY 2023 P.C. :

1.

This Interim Application is taken out for bringing on record the legal heirs of deceased Appellant No.3. Deceased Appellant No.3 passed away on 7th May 2022 and application is filed within time i.e. on 28th July 2022. Therefore, there is no delay in filing the application.

2.

For the reasons set out in the Interim Application, the 1/2

17-ia-1273-2023.doc Sonali same is allowed in terms of prayer clause (b). 3.

Amendment be carried out within a period of one week from today.

4.

The Interim Application is disposed of in above terms with no order as to costs.

[MADHAV J. JAMDAR, J.] 2/2