Arjun Balaji Nigade Deceased Thr. Legal Heirs 1.1) Subhadrabai Arjun Nigade And ORS. v. Sanjay Kachardas Mutha And ORS

2024:BHC-AS:4558 Sayyed 30-3-IA-17087-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.17087 OF 2023 IN FIRST APPEAL NO.149 OF 2022 Arjun Balaji Nigade Deceased through legal heirs 1a. Subhadrabai Arjun Nigade & Ors.

..Applicants Vs.

Sanjay Kachardas Mutha & Ors.

..Respondents __________ Ms. Gargi Warunjikar i/by Mr. Nitesh V. Bhutekar for the Applicants. Mr. Yogesh G. Thorat a/w Mr. H. M. Khupsare i/by Mr. Ashok B. Tajane for Respondent Nos.1,2, 4 and 5.

Mr. Swaroop Karade for Respondent No.3C & 4B. Mr. Mahendra Agvekar a/w Ms. Shraddha Chavan for Respondent Nos.6a, 13 and 19.

Mr. Rohit Chavan i/by Mr. Vishal V. Kale for Respondent No.21. __________ CORAM :

A. S. CHANDURKAR & JITENDRA JAIN, JJ.

DATE :

30th JANUARY 2024 P.C.:

1.

By this application, the legal heirs of Appellant No.2, who expired on 13th December 2022 are sought to be brought on record. Though the prayer is opposed by the learned counsel appearing for the Respondents, we find reasons stated in the application to be acceptable. Hence by condoning the delay, the legal heirs of Appellant No.2 are permitted to be brought on record. The cause title to be amended accordingly.

Sayyed 30-3-IA-17087-2023.doc 2.

The amendment be carried out within a period of two weeks from today.

3.

The Interim Application is disposed of.

(JITENDRA JAIN, J.) (A. S. CHANDURKAR, J.) Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 31/01/2024 14:45:40