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Bombay High CourtIA/3390/2022allowed

Krishna Sitaram Patil Decd. Thr Lhrs Smt. Sakharibai Krishna Patil And ORS v. Arun Raghunath Patil Decd. Thr Lhrs Shilpa Arun Patil And ORS

2022-06-10Hon'Ble Shri Justice Rohit Baban Deo2 pages

SPB/ 12-ia3390-22-12936-129.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION 3390 OF 2022 IN WRIT PETITION 12936 OF 2019 WITH W.P. 12936 OF 2022 Digitally signed by SHALIKRAM PRALHADRAO BOREY Date:

2022.06.13 19:30:25 +0530 SHALIKRAM PRALHADRAO BOREY Krishna S. Patil, since deceased :

Smt. Sakharibai Krishna Patil & Ors. ... Applicants/Petitioners.

Versus

Arun Raghunath Patil, since deceased :

1A. Shilpa Arun Patil & Ors.

... Respondents.

--- Mr. Mahesh Subramaniamm Advocate for the Applicants/ Petitioners.

Ms. Sheetal Gaikar, Advocate i/by Mr. Tushar N. Sonawane, Advocate for Respondent 2.

--- CORAM : ROHIT B. DEO, J.

DATE : JUNE 10, 2022 P.C. :- 1.

The Interim Application is moved for seeking condonation of delay of 117 days in preferring an Application for bringing on record the legal heirs of Respondent 1 and further for impleading the legal heirs of Respondents 1A to 1D.

2.

Learned counsel for the Applicants/Petitioners states that the proposed legal heirs are already brought on record in the 1/2

SPB/ 12-ia3390-22-12936-129.doc Appellate Court.

3.

Statement is accepted.

4.

In this view of the matter, the Notice to the proposed legal heirs shall not be necessary.

5.

Reserving the liberty to the proposed legal heirs to object, if deem fit, to their impleadment, the Interim Application is allowed by condoning the delay.

6.

Necessary amendments in the cause title be carried out within one week.

7.

List the matter after two weeks on the admission Board i.e. on 24th June, 2022.

8.

In the interregnum, the legal heirs of the deceased Respondent 1, who are brought on record be served by either regular mode of service or by private service. (ROHIT B. DEO, J.) .....

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