Shri.Vijaysingh Khanderao Gaikwad v. Pandurang Vithal Shinde (Bhat) Decd. Through Lhr

osk 10-caw-2194-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2194 OF 2019 IN WRIT PETITION NO. 2251 OF 2002 Vijaysingh Khanderao Gaikwad ...

Applicant V/s.

Pandurang Vithal Shinde (Bhat) Since deceased, Through LRs. & Ors.

...

Respondents ----- Mr.Saurabh Railkar for Applicant.

Ms.Rukhmini Khairnar i/b. Mr.P.N. Joshi for Respondent Nos.1(a) to 1(e). CORAM : A.S. GADKARI, J.

DATE : 1st October 2019.

P.C. :

1] This is an application for bringing legal heirs of the respondent No.1(b) on record.

There is delay of 14 years and 6 days in filing the present application. It is stated in para No.5 of the application that, when the present Petition was taken up for hearing on 2nd August 2019, the learned Advocate for the respondents informed this Court about the demise of the 1/2

osk 10-caw-2194-2019.odt respondent No.1(b). It is further stated that, in pursuance of the information provided by the learned Advocate for the respondents, the present application is filed by the petitioners. 2] A perusal of the application would indicate that, sufficient cause is made out for condonation of delay for allowing the application. In view thereof, delay is condoned. Abatement is set-aside and Application is allowed in terms of prayer Clause (a) and (b). 3] Necessary amendment be carried out within a period of three weeks from today in the Court record so also in the copies of the learned Advocates appearing for the respondents within the same stipulated period.

[A.S. GADKARI, J.] 2/2