Shamrao Rama Vadar Thr. Lrs Pandit Shamrao Vadar And ORS v. Sanjivani Shivgonda Patil

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO 2874 OF 2022 IN SECOND APPEAL NO. 501 OF 2020 Shamrao Rama Vadar thru LRs Pandit Shamrao Vadar & ors ..

Applicants

Versus

Sanjivani Shivgonda Patil ..

Respondent ...

Mr.Shantanu Kalekar with Yogesh Navbale for the applicants CORAM: BHARATI DANGRE, J.

DATED : 29th APRIL, 2022 P.C:- By the present application, the legal heirs of the appellant no.1 are sought to be brought on record by setting aside the abetment.

Heard the learned counsel for the applicant and perused the application.

The appellant no.1 Shamrao Rama Vadar expired on 9/10/2020 and the death certificate to that effect is brought on record. As soon as the knowledge was received about his death, the application is taken out for bringing his legal heirs, but this has occasioned the delay of 294 days. On perusal of the Tilak

2/2 35 IA 2874-22.doc application, since the delay is bonafide and the presence of legal heir of applicant no.1 is necessary, Application is allowed in terms of prayer clauses (b) and (c).

Necessary amendment be carried out in the Memo of Appeal within one week from today.

List the Appeal for admission on 24/6/2022.

( SMT. BHARATI DANGRE, J.) Tilak