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Bombay High CourtIA/4384/2021disposed off

Ratna Madhukar Kini And ORS v. Atmaram Dattatray Patil Since Decd. Thr His Legal Heirs And ORS

2022-01-05Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Shri Justice S. M. Modak2 pages

ppn 1 31.ia-4384.21 in wp-2267.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PRACHI PRANESH NANDIWADEKAR Date: 2022.01.05 18:04:57 +0530 PRACHI PRANESH NANDIWADEKAR INTERIM APPLICATION NO.4384 OF 2021 IN WRIT PETITION NO.2267 OF 2021 Ratna Madhukar Kini @ Ratna Mahindra Mukadam & Ors.

.. Applicants/Petitioners

Versus

Atmaram Dattatray Patil & Ors.

.. Respondents --- Mr.S.D. Patil a/w Mr.Chintan Shah i/by Mr.P.S. Gole for the applicants/ petitioners.

Mr.S.S. Redekar for the respondent nos.1 to 3. Mr.V.S. Khanavkar for the respondent no.4.

Mr.S.B. Kalel, AGP for the respondent nos.6 & 7. --- CORAM : R.D. DHANUKA AND S.M. MODAK, JJ.

DATE : 5th January 2022 (Through video conferencing) P.C.:- .

By this interim application, the applicants (original petitioners) prayed for amendment in the cause title of the petition and for condonation of delay.

2.

The respondent no.1 has expired on 4th July 2021. Copy of the death certificate is annexed to the petition. Interim application is filed on the basis of the information received from the legal heirs of the original respondent no.1.

3.

Delay is sufficiently explained and more particularly in paragraphs 2 and 3 in the interim application. Interim application is made

ppn 2 31.ia-4384.21 in wp-2267.21.doc absolute in terms of prayer clauses (a) and (b). Amendment to be carried out within one week from today. Amendment also to be carried out in the copies supplied to the respondents.

4.

Learned counsel for the respondent no.1 agrees to accept the service on behalf of the legal heirs of the respondent no.1. 5.

Interim application is disposed of in aforesaid terms. No order as to costs. Parties to act on the authenticated copy of this order. S.M. MODAK, J.

R.D. DHANUKA, J.