Shri Hanumant Maruti Kashid v. Shri Girinagar Sahakari Griharachana Sanstha Mydt. Through Chairman/Secretary And ORS

by HEMANT CHANDERSEN SHIV Date:

2022.11.18 12:46:47 +0530 HEMANT CHANDERSEN SHIV 1/2 8.ia19721.22.doc Shiv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.19721 OF 2022 WITH INTERIM APPLICATION NO.19722 OF 2022 WITH WRIT PETITION NO.1696 OF 2017 Hanumant Maruti Kashid ... Applicant/Petitioner Vs.

Girinagar Sahari Griha Rachna Sanstha Maryadit & Ors.

... Respondents Mr. Mayur Jadhav with Mr. S.S. Panchpor i/b SNP Legal for the Applicant/Petitioner.

None for the Respondents.

CORAM : S. M. MODAK, J.

DATED : 16TH NOVEMBER 2022.

P.C:- Interim Application No.19721 of 2022 1.

Heard learned Advocate for the Applicant.

2.

Respondent No.2-Anil Shriniwas Deshpande expired on 7th March 2022. A copy of the death certificate is annexed at Exhibit-B of the Application. The Applicant got knowledge through email dated 9th September 2022, sent by learned Advocate for the Respondents. It is annexed at Exhibit-A.

3.

A copy of this Application is served on learned Advocate for Respondent No.5. It is but natural that steps can be taken only when intimation of death is received. Hence, the delay needs to be condoned. Hence, Application is allowed in terms of prayer clauses

2/2 8.ia19721.22.doc (a), (b) and (c). Necessary amendment be carried out within two weeks and a copy be served on learned Advocate for Respondent Nos.1 to 5. So also issue notice to the newly added Respondents. The Applicant/Petitioner shall serve newly added Respondents by private notice and file an affidavit. Even the Petitioner is at liberty to serve learned Advocate, who were representing Respondent No.2. 4.

Application is disposed of.

Interim Application No.19722 of 2022 5.

Heard learned Advocate for the Applicant.

6.

The Applicant/Petitioner could not serve respondent no.6 by normal mode. This is Application for substituted service. Hence, the Application is allowed in terms of prayer clauses (a) and (b). 7.

Application is disposed of.

Writ Petition No.1696 of 2017 8.

Issue notice to the Respondents, returnable on 4th January 2023.

(S. M. MODAK, J.)