Smt. Paliben Dajibhai Tandel-Dead Through Her Legal Heir 1-A)Shri. Dirubhai Dajibhai Tandel And ORS v. Shri.Dadabhai Godrej Wadia Through Legal Heir 1-1 M/S.Hanita Dadabhai Wadia And ORS.

21 caf 3766-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3766 OF 2018 IN FIRST APPEAL NO. 820 OF 1996 WITH FIRST APPEAL NO. 820 OF 1996 Smt. Paliben Dajibhai Tandel (deceased) through Lrs. Dirubhai Dajibhai Tandel and Ors.

...Applicants

Versus

Shri. Dadabhai Godrej Wadia through Legal Heirs and Ors.

...Respondents

SNEHA NITIN CHAVAN **** Mrs. Teja Katdare for the Applicants.

Ms. Rukmini Khairnar i/b A.N. Joshi for the Respondent Nos. 1A to 1C and 2.

**** by SNEHA NITIN CHAVAN Date: 2023.12.08 17:00:45 +0530 CORAM : M.M.SATHAYE J.

DATE : 8th DECEMBER 2023 P.C. :

1.

This is an application for bringing the Applicants on record as legal heirs and representatives of the original Appellant No.1 (Paliben Dajibhai Tandel). Office note shows that there is delay of 46 days in filing the application.

2.

Heard learned counsel for the Applicants and Respondents. Learned counsel for the Respondent opposed the condonation of delay, however, no reply is filed to the application till date. Sneha Chavan page 1 /2

21 caf 3766-18.doc 3.

In that view of the matter, considering the extent of delay and considering the averments made in application, sufficient cause is made out. Therefore, the application is allowed in terms of prayer clauses (a) and (b). Delay is condoned. The Applicants are permitted to be brought on record, as legal heirs and representatives of the deceased Appellant No.1. Necessary amendment be carried out within a period of three weeks from today. 4.

Civil Application is disposed of accordingly. 5.

copy of this order.

FIRST APPEAL NO. 820 OF 1996 .

Considering the fact that this is an old appeal of the year 1996, place it under caption of 'final hearing' in the week commencing from 22.01.2024.

[M.M.SATHAYE,J.] Sneha Chavan page 2 /2