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Bombay High CourtIA/3892/2021allowed

Namdeo Chandrabhan Dokhale And ORS. v. Smt. Sitabai W/O Nathu Thete(Since Decd.Thr.Lrs) Shri. Yadav Nathu Thete And ORS

2021-12-09Hon'Ble Shri Justice A.S. Gadkari2 pages

ssm 1 10-ia3892.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION I.A. NO. 3892 OF 2021 IN SECOND APPEAL NO. 833 OF 2016 Namdeo Chandrabhan Dokhale & Ors.

.....Applicants.

Vs.

Smt. Sitabai W/o Nathu Thete, Deceased, through proposed legal heirs Shri. Yadav Nathu Thete & Ors.

.....Respondents.

Mr. H.S. Shinde i/by M.M. Sathaye for the Applicants. Mr. Nikhil Pujari i/by P.N. Joshi for the Respondents. CORAM : A. S. GADKARI, J.

DATE : 9th DECEMBER, 2021.

P.C.:- This is an Application for bringing legal heirs of the sole Respondent on record.

It is stated that, the sole Respondent expired on 7th April, 2021 leaving behind her the proposed Respondent Nos.1 to 2G as her legal heirs. There is delay of 3 and half months in filing the present Application.

Learned Advocate appearing for the proposed Respondents has no objection in condoning the delay in filing the present Application. Perusal of Application would indicate that, the sufficient cause is made out for condonation of delay..

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ssm 2 10-ia3892.21.doc 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) to (d). Necessary amendment be carried out in the record of the Court and simultaneously in the copy served upon the learned Advocate appearing for the Respondents within a period of three weeks from today. (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date:

2021.12.13 15:33:47 +0530 SANJIV SHARNAPPA MASHALKAR 2/2