Kesharbai Sukhadeo Goghare (Since Decd.Thr.Lrs) Sukhadeo Dagadu Goghare And ORS v. Dattu Namdeo Maske And ORS

956-ia-16560-2022-modified.doc Sonali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by SONALI MILIND PATIL Date:

2023.02.25 10:45:39 +0530 CIVIL APPELLATE JURISDICTION SONALI MILIND PATIL INTERIM APPLICATION NO.16560 OF 2022 IN SECOND APPEAL NO.313 OF 2005 Kesharbai Sukhadeo Goghare (since deceased) through legal heirs & legal representatives 1A. Sukhadeo Dagadu Goghare & Ors.

...Applicants

Versus

Dattu Namdeo Maske & Ors.

...Respondents

Mr. S. T. Bhosale, for the Applicants.

Mr. Swaroop Karade, i/b. Mr. S. S. Shah, for Respondent Nos. 1 to 3. CORAM : MADHAV J. JAMDAR, J.

DATED : 9th DECEMBER 2022 P.C. :

1.

In the Interim Application No. 16560 of 2022, the prayer is sought to condone the delay of about 12 years and 42 days in bringing on record the heirs of sole Appellant and for setting aside abatement.

2.

The Respondent Nos.1 to 3 appeared through their Advocate and opposed the application.

3.

Although Respondent Nos.1 to 3 served and appeared 1/2

956-ia-16560-2022-modified.doc Sonali through Advocate, no reply has been filed to the Interim Application. Therefore, the contentions raised in the Interim Application remained uncontroverted.

4.

Reasons for delay are mentioned in paragraphs 7 and 8. For the reasons stated in the above paragraphs, the Interim Application is allowed in terms of prayer clauses (a), (b) and (c) on the condition that the Applicants shall pay cost of Rs.5,000/- to Respondent Nos. 1 to 3.

5.

Amendment to be carried out within a period of two weeks from today. Copy of amended Second Appeal be served on learned counsel appearing for Respondent Nos. 1 to 3. [MADHAV J. JAMDAR, J.] Note:

This order is modified as per Speaking to the Minutes order dated 23thFebruary 2023. The correction is shown in bold in paragraph No.1. 2/2