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Bombay High CourtIA/217/2024disposed off

Shri Mohan Shankar Varde v. Shri Sharad Baburao Isnagar And Others

2024-02-12Hon'Ble Shri Justice M. M. Sathaye2 pages

38-IA-217-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 217 OF 2024 Digitally signed by SNEHA NITIN CHAVAN Date:

2024.02.13 12:26:53 +0530 IN CIVIL REVISION APPLICATION NO. 1125 OF 2012 SNEHA NITIN CHAVAN Shri Mohan Shankar Varde ...Applicant

Versus

Shri Sharad Baburao Isnagar And Others

...Respondents

**** Ms. Prajakta Shringarpure a/w Priyanka Rammurthy i/b Bina Pai for the Applicant.

None for the Respondents.

**** CORAM : M.M.SATHAYE, J.

DATE : 12th FEBRUARY 2024 P.C. :

1.

Heard learned counsel for the Applicant. None for the Respondents to oppose.

2.

This is an application for adding legal heir of original Petitioner No. 4 (Kusum Madhav Badami) on record, who has expired on 05.07.2023. The present application is filed on 03.10.2023. Office note shows that the application is filed in time. 3.

It is specifically contended that Mrs. Aarti Chandna is the daughter and only legal heir and representative of deceased Petitioner No. 4. It is further specifically stated that she is also pressing for receiving possession of the suit premises, however, due Sneha Chavan page 1 /2

38-IA-217-2024.doc to her personal commitment, she is unable to attend the court for joining as Applicant/Petitioner and therefore, prayer for adding her as Respondent No.10 is made. In essence, this is an application for bringing legal heir of Petitioner No. 4 on record. Proposed legal heir appears to be presently residing in USA.

4.

Considering that the application is filed in time and further considering the aforesaid averments, the proposed legal heir can be brought on record, presently as Respondent No.10, by necessary amendment.

5.

Hence, the application is allowed in terms of prayer clause (a). The Applicant is permitted to add Mrs. Aarti Chandna as Respondent No.10 presently. Liberty to said legal heir to seek transposition at the appropriate time. Necessary amendment to be carried out within 2 weeks from today. Amended copy be served upon the Respondents simultaneously.

6.

copy of this order.

[M.M.SATHAYE,J.] Sneha Chavan page 2 /2