Umakant Sayajirao Kate (Deceased) Thr.His Lrs.1.1)Smt. Sushila Umakant Kate v. State Of Maharashtra And ANR.

2024:BHC-AS:10919-DB Sayyed 28-7-IA-123-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.123 OF 2024 IN FIRST APPEAL NO.27 OF 2024 Umakant Sayajirao Kate since deceased by his LR's 1(a) Sushila Umakant Kate & Ors.

..Applicants

IN THE MATTER BETWEEN :-

Suresh Sayajirao Kate & Ors.

..Appellants Vs.

State of Maharashtra & Anr.

..Respondents __________ Mr. Ashwin Pimpale i/by M/s. SSB Legal and Advisory for the Applicants Mr. A. R. Patel, Addl. G. P. for Respondent No.1 (State) Mr. Nitesh Rangari i/by Mr. Rohit Sakhadeofor Respondent No.2 (PCMC). __________ CORAM :

A. S. CHANDURKAR & JITENDRA JAIN, JJ.

DATE :

5th MARCH 2024.

P.C.:

1.

By this application, it is prayed that the legal heirs of Appellant No.2 be permitted to be brought on record. The said Appellant No.2 expired on 20th August 2020 which is after the Reference Court decided the proceedings.

2.

The learned counsel appearing for non-applicant No.2 opposes the application on the ground of delay.

3.

Considering the fact that the estate of deceased was represented by other legal heirs, the delay in bringing on record the

Sayyed 28-7-IA-123-2024.doc legal representative is condoned. The legal heirs be brought on record within a period of two weeks from today.

4.

The Interim Application is allowed.

(JITENDRA JAIN, J.) (A. S. CHANDURKAR, J.) Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 06/03/2024 16:37:15