Vikas L Sangwai Decd Thru Lhr v. Union Of India And ORS

53.91.23-IAW.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by BASAVRAJ GURAPPA PATIL Date:

2023.01.16 10:55:27 +0530 CIVIL APPELLATE JURISDICTION BASAVRAJ GURAPPA PATIL INTERIM APPLICATION NO.91 OF 2023 IN WRIT PETITION NO. 10105 OF 2010 Vikas L. Sangwai (Deceased) Through Legal Heirs ..... Applicants / Petitioners Vs.

Union of India & Anr.

..... Respondents Mr. Mihir Desai, Senior Advocate I/b. Mr. Sandeep R. Karnik for the Applicants Mr. V. M. Parmar for the Respondents

CORAM:

S.V.GANGAPURWALA, ACJ & SANDEEP V. MARNE, J.

DATED :

JANUARY 13, 2023 P.C.

Present Application is filed for bringing on record the legal heirs of the deceased Petitioner. The learned Senior Counsel submits that the right to sue survives. Monetary claim is involved. It is trite that the Application for setting aside the abatement has to be liberally construed.

We have also heard the learned Advocate for the non Applicants.

Basavraj 1/2

53.91.23-IAW.docx For the reasons stated in the Application, the Application is allowed in terms of prayer clauses (a) and (c). The Interim Application is disposed of.

(SANDEEP V. MARNE, J) (ACTING CHIEF JUSTICE) Basavraj 2/2