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Bombay High CourtCAA/1237/2019disposed off

Smt. Parvatibai W/O. Trimbak Deshpande (Deceased) And ORS v. Waman Anandrao Deshpande (Deceased) His Legal Heirs And ORS

2020-02-17Hon'Ble Shri Justice A.S. Gadkari2 pages

13-1237-2019.doc Tandle

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1237 OF 2019 IN APPEAL FROM ORDER NO. 761 OF 2015 Smt. Parvatibai w/o Trimbak Deshpande (Deceased) and Ors.

... Applicants.

Versus

Waman Anandrao Deshpande (Deceased) Through his Lrs. And Ors.

... Respondents.

- - - - - - - Mr. G. S. Keluskar for the Applicants.

Ms. Tanuja Parashare i/b D. S. Patil for Respondent Nos.1-A to 1-C, 3-A to 3-C, 3-E to 3-AM, 5-A to 5.

- - - - - - - CORAM : A. S. GADKARI, J.

DATE : 17th FEBRUARY, 2020 P. C. :

1.

Leave to amend to delete the prayer clause (a). Amendment be carried out forthwith.

2.

This is an application for bringing legal heirs of the respondent No.1-D on record. It is stated that, the respondent, i.e. Shri Digambar Waman Deshpande passed away on 10th November 2004. There is delay of 62 days in filing the present Application. 3.

Perusal of the application would indicate that, sufficient cause is made out for condonation of delay and for allowing the application. In view thereof, delay is condoned, abatement, if any, is set aside and the application is allowed in terms of prayer clauses (b), (c) and (d). 1/2

13-1237-2019.doc 4.

Necessary amendment be carried out within a period of three weeks from today and an amended copy of the Appeal be served upon the learned Advocate for the respondents within the same stipulated period. 5.

Application is allowed in the aforesaid terms. (A. S. GADKARI, J.) 2/2