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Bombay High CourtIA/30567/2022

Shri. Vishwas Ramchandra Lashkare Since Decd. Thr Lrs v. M/S. Pancharatna Properties And ORS

2023-01-25Hon'Ble Shri Justice Rajesh S. Patil2 pages

68. ia.30567.2022.doc Amol

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE CIVIL JURISDICTION INTERIM APPLICATION NO. 30567 OF 2022 IN WRIT PETITION NO. 1506 OF 2020 Shri. Vishwas Ramchandra Lashkare Since Decd. Thr Lrs.

Applicant V/s.

M/s. Pancharatna Properties and Ors.

Respondents.

...

Mr. Yash Dewal i/b. S. S. Kanetkar for Applicant. ....

CORAM : RAJESH S PATIL, J.

DATED : 25th January, 2023 P.C.:

1.

This Interim Application is filed for bringing the proposed legal heirs of deceased Applicant/Petitioner No.1 on record. 2.

There is some delay in filing this application. The counsel for respondent opposes the application.

3.

The Division Bench of this Hon'ble High Court in Keshao Kawadu Maral and another Versus State of Maharashtra, reported in 2005 (supp.) B.C.R. 226, condoned the delay of six years in filing the application of bringing legal heirs on record, relying on Supreme Court

68. ia.30567.2022.doc judgment of Sardar Amarjit Singh Kalra (Died) by Lrs and others Versus Pramod Gupta (Smt.) Dead) by Lrs. And others, reported in (2003) 3 SCC 272.

4.

Relying upon the above judgments and for the reasons stated in the application, Interim Application is allowed in terms of prayer clause a), b) and c). Abatement stands set aside.

5.

The Interim Application stands disposed off.

6.

Amendment to be carried out within a period of three weeks from today.

(RAJESH S. PATIL, J.)