Hari Rama Sawant (Since Decd.Thr.Lrs) Kasabai Hari Sawant And ORS v. Sakhubai Sadashiv Sawant

37.ia.15090.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.15090 OF 2023 IN SECOND APPEAL NO.441 OF 2017 Hari Rama Sawant (Since Decd.Thr.Lrs) Kasabai Hari Sawant And Ors ...Applicants V/s.

Sakhubai Sadashiv Sawant

...Respondents

____________________________________ Digitally signed by Amol Diliprao Nawale Date:

2023.12.04 18:32:01 +0530 Mr. Parth Modak i/b. Bhushan Walimbe for the Applicants. Ms. Rachna M. i/b. Prashant P. Kulkarni for the Respondents. Amol Diliprao Nawale ____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 28th NOVEMBER, 2023 P.C.:

1.

This Interim Application is filed to bring on record the proposed legal heirs of the deceased sole Appellant. 2.

The Counsel for the Applicant submits that there is some delay in filing this Application.

3.

The Counsel for Respondent opposes this Interim Application.

4.

The Division Bench of this Court in Keshao s/o. Kawadu Maral and another Versus State of Maharashtra and others, reported in 2005 (1) MahLJ 1059, condoned the delay of six years Amol D. Nawale

37.ia.15090.2023.doc in filing the Application of bringing the legals heirs on record, relying on the Supreme Court judgment of Sardar Amarjit Singh Karla (dead) by LRS. and others Versus Pramod Gupta (Smt.) (dead) by LRS. and others, reported in 2003 (3) SCC 272. 5.

Taking into consideration the above judgments and for the reasons stated in the application, this Interim Application is allowed in terms of prayer clauses (a) and (b). 6.

Amendment to be carried out within a period of two weeks from today.

7.

Interim Application is accordingly disposed of. (RAJESH S. PATIL, J.) Amol D. Nawale