Smt.Housabai Laxman Tathe Decd Thru Lhrs v. Sou.Sushilabai Sumanrao Poman Decd Thru Lhrs

909-IA-19929-2022.doc Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.19929 OF 2022 Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2023.02.18 11:46:15 +0530 IN WRIT PETITION NO.6585 OF 2007 ARJUN VITTHAL KUDHEKAR Smt. Hausabai Laxman Tathe ...Applicants (Since deceased through her legal heirs) & Ors. In the matter between Shri. Laxman Kushaba Tathe

...Petitioners

(Since deceased through his legal heirs) 1-a) Smt. Hausabai Laxman Tathe (Deceased) & Ors.

V/s.

Sou. Sushilabai Sumanrao Poman

...Respondent

(Since deceased through her legal heirs) 1-a) Suyodhan Sumanrao Poman Mr. Ojas Kocharekar, for the Applicants.

Mr. Sandeep Pathak i/b S. B. Deshmukh, for the Respondent.

CORAM : MADHAV J. JAMDAR, J.

DATE : 17th FEBRUARY, 2023 P.C.:

1.

Heard learned counsel appearing for the Applicants and learned counsel appearing for the Respondent. 2.

This Interim Application is taken out to bring on record heirs of deceased Petitioner No.1-(a). Although, the

909-IA-19929-2022.doc Petitioner No.1-(a) passed away on 7th August, 2012, the Interim Application is taken out on 30th August, 2022 i.e after delay of 9 years and 320 days. However, learned counsel appearing for the Applicants states that, the legal heirs are already on record being Petitioner Nos.1-(b) to 1(h).

3.

Learned counsel appearing for the Respondent strongly opposes the Interim Application. However, for the reasons set out in the Interim Application, the same is allowed in terms of prayer clauses (A), (B), (C) and (D). Amendment be carried out within two weeks from today.

4.

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

(MADHAV J. JAMDAR, J.)