Rajaram Shankar Acharekar v. Nandkumar Shankar Pati L And ORS

Tandale 02-IA-3341-2021 in SA-205-2008.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3341 OF 2021 IN SECOND APPEAL NO. 205 OF 2008 Rajaram Shankar Acharekar ... Applicant In the matter between :- Rajaram Shankar Acharekar ... Appellant V/s.

Nandkumar Shankr Patil and Ors.

... Respondents Shri. M.A. Patil, Advocate for Applicant/Appellant. Smt. Teja Katdare, Advocate for Respondent No.1. CORAM : A.S. GADKARI, J.

DATE : 22nd NOVEMBER, 2021.

P.C. :

1.

This is an Application for bringing legal heirs of Respondent No.2 on record.

It is stated that, the Respondent No.2, i.e. Shri Balaram Shankar Acharekar passed away on 26th September, 2018, leaving behind legal heirs Respondent Nos.2A to 2F of the said Respondent. There is a delay of 2 years and 327 days in filing the present Application.

2.

Smt. Katdare, learned counsel appearing for the Respondents and 1/2

Tandale 02-IA-3341-2021 in SA-205-2008.odt legal heirs of Respondent No.2 has no serious objection in condoning delay and allowing present Application.

3.

Perusal of the Application would indicate that, sufficient cause is made out for condonation of delay and allowing the Application. In view thereof and for the reasons stated in the Application, delay is condoned, abatement, if any, is set aside and the Application is allowed in terms of prayer clauses (a) and (b). 4.

Necessary amendment be carried out forthwith and in any event during the course of the day.

[A.S. GADKARI, J.] by MANOJ R TANDALE Date:

2021.11.22 18:15:04 +0530 MANOJ R TANDALE 2/2