Smt. Nirmala Arvind Merchant (Deceased) Thr. Lrs. 1.1) Narendra A. Merchant v. Municipal Corporation Of Greater Bombay And ANR.

Megha 910_ia_18024_2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.18024 OF 2022 IN FIRST APPEAL NO.283 OF 1994 Smt. Nirmala Arvind Merchant (deceased) through LRs 1A Narendra A. Merchant and and Ors.

...Applicants

Versus

Municipal Corporation of Greater Mumbai and Ors.

...Respondents

...

Mr. Amit Shrof iib. Mis. Harish Shrof and Co. for the Applicants. Mr. P.B. Gujar for Respondent No.2B and 3A in FAi283i1994 and Respondent No.2c-1 in FAi284i1994.

Mr. Santosh Parad for Respondent -MCGM.

Mr. Jog Singh with Ms Ragini Singh and Pooja Pandey iib. Ms Ragini Singh and Associates for Respondent nos.2A-1 to 2A-4 in IAi18022i2022 and for Respondent Nos.1A to 1D in IAi18025i2022. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 14th SEPTEMBER, 2022.

P. C. :- 1.

By this application, the Applicant has sought to condone the delay, set aside abatement and to bring on record the legal representatives of the deceased Respondent No.2C, who had expired in the year-2019. It is stated that death of Respondent No.2C was reported only in January-2021.

1/2

Megha 910_ia_18024_2022.doc 2.

Considering the above facts and the reasons stated in the application, which in my considered view constitute sufcient cause, the delay is condoned. The abatement is set aside and the legal representatives of deceased Respondent No.2C are ordered to be brought on record. Cause title be amended within a period of two weeks.

3.

The Application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) by MEGHA S PARAB Date:

2022.09.19 18:21:44 +0530 MEGHA S PARAB 2/2