Shashant Anand Kamat v. Malini Balaji Kamat Nee Malini Anant Waravdekar

17-14020-2023.doc 2023:BHC-AS:23744 Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.14020 OF 2023 IN FIRST APPEAL NO.1061 OF 2014 Shashant Anand Kamat ] Applicant

IN THE MATTER BETWEEN:

Rekha Gurudas Waravdekar ] (since deceased) through Shashant] Anand Kamat ] Appellant Vs.

Malini Balaji Kamat nee ] Malini Anant Waravdekar ] and others ] Respondents .....

Mr. V.K. Nair, for Applicant.

Mr. Rajesh B. Jain a/w Mr. Rohit Jain i/b Legal JURIS, for RespondentS.

.....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 19th August, 2023.

P.C.

1.

This is an application for bringing legal representatives of respondent No.1 on record who had died on 8th October, 2022. Death certificate of the deceased is annexed at Exhibit A. 2.

It is submitted that delay of 150 days has occurred since information of death of respondent No.1 has been given by the other side on 6th February, 2023.

17-14020-2023.doc 3.

For the reasons stated in the application, delay is condoned. Abatement is set aside.

4.

The application is allowed in terms of prayer clauses (a) and (b). Necessary amendment shall be carried out as per the schedule annexed along with application within two weeks from today. After carrying out amendment, amended copy be furnished to the learned Counsel for the respondents.

5.

Application is disposed of in the aforesaid terms. [PRITHVIRAJ K. CHAVAN, J.]