Radha Soami Satsang Beas Through Atul Rameshchandra Mody v. Gajanan Sukur Patil And ORS

19-ASIA-4573-2023.DOC 2024:BHC-AS:757 Gaikwad RD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.4573 OF 2023 IN WRIT PETITION NO.12603 OF 2019 WITH WRIT PETITION NO.12603 OF 2019 Radha Soami Satsang Beas ...Applicant In the Matter Between:

Radha Soami Satsang Beas

...Petitioner

Versus

Gajanan Sukur Patil & Ors.

...Respondents

Mr. Prajit S. Sahane, i/b. Mr. Chaitanya Nikte, for the Applicant. Ms. Prapti Karkera, i/b. Mr. Nitin Gangal, for Respondent No.1. Mr. Chintan Shah, for Respondents No.2 and 3. Mr. Sanjay D. Rayrikar, for Respondent No.6-State.

CORAM

Dr. Neela Gokhale, J.

DATED:

5th January 2024 PC:- 1.

The Applicant seeks permission to bring on record the legal heirs of deceased Respondent No.1, who is expired on 18th July 2020. Mr. Sahane, learned counsel for the Applicant states that he learnt about the death of Respondent No.1 when he received a letter dated 20th July 2022 from the learned counsel for Respondent No.1 5th January 2024

19-ASIA-4573-2023.DOC informing about the death of his client. There is some delay in making the present application.

2.

Considering the averments in the application and the submissions made by the learned counsel, there is justifiable ground to condone the delay and allow the application. The delay in making the application is condoned.

3.

The Applicant/Petitioner is permitted to bring on record the legal heirs of Respondent No.1 which have been mentioned in paragraph 5 of the application as Sr.No.1(a) to 1(d). Leave to amend is granted. Amendment is to be carried out within a period of two weeks from today. A copy of amended petition is to be filed and served on all the Respondents within a period of one week thereafter.

4.

Ms. Karkera, learned counsel who was appeared for deceased Respondent No.1 waives service for legal heirs of the deceased. She will file vakalatnama on behalf of legal heirs of the deceased on or before the next date.

5.

List the petition on 16th February 2024.

(Dr. Neela Gokhale, J) 5th January 2024