Dr Shrinivasrao Anantham Pinamshetty v. Radhabai Vishnu Gurram
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.14542 OF 2023 IN SECOND APPEAL NO.560 OF 2006 Dr. Shrinivasrao Anantham Pinnamshetty In the matter between Mrs. Radhabai Vishnu Gurram ...Applicant
Versus
Dr. Pinnashetty Anantam Venkaiyya (since deceased through legal heirs) 1a) Smt. Uma Sadashiv Basa and Ors.
...Respondents
WITH INTERIM APPLICATION NO.589 OF 2020 IN SECOND APPEAL NO.560 OF 2006 Mrs. Radhabai Vishnu Gurram ...Applicant/Appellant
Versus
Dr. Pinnashetty Anantam Venkaiyya (since deceased through legal heirs) 1a) Smt. Uma Sadashiv Basa and Ors.
...Respondents
....
Mr. Rohit Joshi h/f Mr. Jayesh Joshi for the Appellant. Mr. Hitanshu Jain i/b. Mr. Chaitanya Nikte for the Respondents. Mrs. Anjali Shinde i/b. Mr. Nitin Deshpande for the Respondents. CORAM : SMT. ANUJA PRABHUDESSAI, J.
Digitally signed by MEGHA SHREEDHAR PARAB Date:
2023.11.06 18:16:30 +0530 DATED: 4th NOVEMBER, 2023.
MEGHA SHREEDHAR PARAB 1/3
P.C.:- INTERIM APPLICATION NO.14542 OF 2023:- 1.
The sole Respondent has expired. The Interim Application No.589 of 2020 for bringing on record the legal representatives of the deceased Respondent is pending. During the pendency of the said application, proposed legal representative of the Respondent filed this application to dismiss the Interim Application No.589 of 2020 and to dispose of the appeal as abated.
2.
As noted above, the interim application for condoning the delay, set aside abatement and to bring on record the legal representatives of the deceased Respondent was filed in the year 2020. It appears that no notice was issued to proposed legal representaives. Without filing any reply to the said application separate application is filed to dispose of the apeal as abated. The objections, if any, for condoning the delay and set aside abatement have to be raised in Interim Application No.589 of 2020 and not by filing a separate application.
3.
Hence, the application is dismissed.
2/3
INTERIM APPLICATION NO.589 OF 2020:- 4.
Mr. Hitanshu Jain, learned counsel waives service on behalf of the proposed legal representatives of the Respondent. Reply, if any, to be filed on or before the next date of hearing with copy to the other side.
5.
Stand over to 04/12/2023.
(SMT. ANUJA PRABHUDESSAI, J.) 3/3