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Bombay High CourtIA/214/2024disposed off

1. Shri Kisan Mohanlal Heda (Dec) Thr. Lrs. Smt. Gitabai Shrikisan Heda Thr. Poa Yogesh N. Heda v. Yusuf Mahammad Kapse (Deceased) Through Legal Representatives A Smt. Shantabai Yusuf Kapse And ORS

2024-02-14Hon'Ble Shri Justice M. M. Sathaye2 pages

1/2 7.IA.214.2024.doc by ANANT KRISHNA NAIK Date:

2024.02.16 13:08:29 +0530 ANANT KRISHNA NAIK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION INTERIM APPLICATION NO. 214 OF 2024 In CIVIL REVISION APPLICATION 476 OF 2008

1. Shri Kisan Mohanlal Heda (dec) Thr. Lrs.

Smt. Gitabai Shrikisan Heda Thr. Poa Yogesh N. Heda & Ors.

...Applicants V/S Yusuf Mahammad Kapse (deceased) Through Legal Representatives A Smt. Shantabai Yusuf Kapse And Ors ....Respondents.

Adv. Ashutosh Gavnekar i/b Mr. C G Gavnekar for Applicant Mr. Mandar G. Bagkar i/b Mr. Chetan G. Patil for the Respondent Nos. 1A to 1C CORAM : M. M. SATHAYE, J.

DATED :

14th FEBRUARY, 2024 P.C.:

1.

This is an application for bringing the Applicants on record as legal heirs of deceased Appellant No. 1 i.e. Appellant Nos. 1A to 1G. There is delay of 57 days in filing the present Application. 2.

Heard learned Counsel for the Applicants and learned Counsel for the Respondents. No reply is filed.

3.

Considering the extent of delay and averments in the Application which are uncontraverted, sufficient cause is made out. It is necessary to bring the legal heirs of the Appellant No. 1 on record so that the Appeal can akn 1/2

2/2 7.IA.214.2024.doc be continued further.

4.

Hence, the Application is allowed in terms of prayer clause (a) and (b). Delay is condoned. The Applicants are directed to be brought on record as Appellant Nos. 1A to 1G. Necessary amendments are to be carried out within three weeks from today.

(M. M. SATHAYE, J.) akn 2/2