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Bombay High CourtIA/1782/2023disposed off

Sou. Laxmibai Ashok Sutar And ANR v. Ashok Vithoba Sutar(Decd.Thr.Lrs) S.N. Patil (Decd.Thr.Lrs) Mrs. Rukmini Shivaji Patil And ORS

2023-06-05Hon'Ble Shri Justice Madhav J. Jamdar2 pages

3-ia-1782-2023.doc Sonali Digitally signed by SONALI MILIND PATIL Date:

2023.06.05 15:56:07 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SONALI MILIND PATIL CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1782 OF 2023 IN SECOND APPEAL NO.209 OF 2017 Sou. Laxmibai Ashok Sutar & Ors.

...Applicants

Versus

Ashok Vithoba Sutar deceased through legal heirs Shivaji Namdeo Patil deceased through legal heirs Mrs. Rukmini Shivaji Patil & Ors.

...Respondents

Ms. Anusha Amin, for the Applicants.

Mr. Umesh Mankapure, for Respondent Nos. 2 and 3. CORAM : MADHAV J. JAMDAR, J.

DATED : 5th JUNE 2023 P.C. :

1.

This Interim Application is taken out for bringing on record the legal heirs of deceased Respondent No.2. Deceased Respondent No.2 passed away on 25th October 2020. The Interim Application is taken out on 15th September 2022.

2.

Due to COVID-19 pandemic, the Supreme Court has suspended 1/2

3-ia-1782-2023.doc Sonali the limitation period from 15th March 2020 till 28th February 2022. Even considering the said period, there is some delay in filing the application.

3.

Mr. Mankapure, learned counsel appearing for Respondent Nos. 2 and 3 strongly opposes the application.

4.

However, for the reasons set out in the Interim Application, the same is allowed in terms of prayer clause (c) by condoning the delay. 5.

Amendment be carried out within a period of one week from today.

6.

The Interim Application is disposed of in above terms with no order as to costs.

[MADHAV J. JAMDAR, J.] 2/2