Kishor Manohar Namjoshi (Deceased)Thr. Lrs.1.1)Bina Kishor Namjoshi And ORS. v. Phaltan Nagar Parishad, Phaltan On Its Behalf Chief Officer

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by TALLE SHUBHAM ASHOKRAO Date:

2023.12.06 10:59:41 +0530 INTERIM APPLICATION NO. 18555 OF 2022 TALLE SHUBHAM ASHOKRAO WITH INTERIM APPLICATION NO. 18556 OF 2022 WITH INTERIM APPLICATION NO. 18557 OF 2022 IN FIRST APPEAL NO. 858 OF 1994 Kishor Manohar Namjoshi (Since deceased through L.Rs.-1a) Bina Kishor Namjoshi And Ors. ...Applicants/ Appellants

Versus

Phaltan Nagar Parishad, Phaltan On Its Behalf Chief Officer

...Respondent

************ Mr. Graham Francis i/by Mr. Vishwanath Talkute Advocate for Applicants/Appelants.

Mr. Nilesh Desai, Advocate for Respondent.

************ CORAM : M.M. SATHAYE, J.

DATE : 5th DECEMBER, 2023 P.C. :

IN INTERIM APPLICATION NO. 18557 OF 2022 1.

This Application is already allowed by Order dated 28.11.2023. However the necessary amendment thereunder, could not be carried out in time. Hence, time to carry out amendment in terms of Order dated 28.11.2023 is extended by a period of 1 week.

IN INTERIM APPLICATION NO. 18556 OF 2022 1.

This is an Application by Appellants for bringing legal heirs of Deceased/Appellant No. 2 (Vinayak Manohar Namjoshi) on record.

2.

Office note shows that there is a delay of 10 days in filing the Application. Learned Counsel for the Respondent is served. He opposed the Application for delay condonation, however no reply is filed.

3.

Considering the extent of delay and considering the averments in the Application, sufficient cause is made out. Hence this Application is allowed in terms of prayer clauses (a), (b) and (c). Delay is condoned. Necessary amendment be carried out within period of 2 weeks from today.

4.

Interim Application is disposed of.

5.

copy of this order.

IN INTERIM APPLICATION NO. 18555 OF 2022 1.

This is an Application by Applicants for bringing legal heirs of the deceased Appellant No. 4 (Bharati Manohar Namjoshi) on record.

2.

Office note shows that there is a delay of 6 months and 5

days in filing the Application. Learned Counsel for the Respondent is served. He opposed the Application for delay condonation, however no reply is filed till date.

3.

Considering the averments in the Application, sufficient cause is made out. Hence this Application is allowed in terms of prayer clauses (a), (b) and (c). Delay is condoned. Necessary amendment be carried out within period of 2 weeks from today. 4.

Interim Application is disposed of.

5.

copy of this order.

(M.M. SATHAYE, J.)