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Bombay High CourtIA/3891/2021disposed off

Dyandeo Chandrabhan Dokhale(Since Decd.Thr.Lrs) Smt. Suman Dyandeo Dokhale And ORS v. Smt. Sitabai W/O Nathu Thete Thr. Power Of Attorney Holder Shri. Vijay Nathu Thete

2021-12-21Hon'Ble Shri Justice A.S. Gadkari2 pages

ssm 1 13-ia3891.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION I.A. NO. 3891 OF 2021 IN SECOND APPEAL NO. 833 OF 2016 Dyandeo Chandrabhan Dokhale (since deceased) through His LRs. & 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 : 21st DECEMBER, 2021.

P.C.:- This is an Application for bringing legal heirs of Appellant No.3 on record.

It is stated that, Appellant No.3-Dyandeo Chandrabhan Dokhale expired on 24th January, 2021. The schedule of legal heirs is annexed at page No.7A of the present Application. There is a delay of six months in filing the present Application. Mr. Pujari, learned Advocate for the Respondents has no serious objection in condoning the delay and allowing the present Application.

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ssm 2 13-ia3891.21.doc Perusal of Application would indicate that, sufficient cause for condonation of delay is made out.

In view of the above and for the reasons stated in the Application, delay is condoned, abatement if any, is set aside and Application is allowed in terms of prayer clauses (a), (b) and (c). Necessary amendment be carried out within a period of four weeks from today.

(A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date: 2021.12.23 13:05:59 +0530 SANJIV SHARNAPPA MASHALKAR 2/2