Gracy John Tone v. The Stone Castle Chsl And ORS.

23. civil ia 266-23.doc R.M. AMBERKAR (Private Secretary) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE CIVIL APPELLATE JURISDICTION JURISDICTION INTERIM APPLICATION NO. 266 OF 2023 IN WRIT PETITION NO. 4463 OF 2019 Gracy John Tone & Ors.

.. Applicants In The Matter Between:- Alexander George Tone & Ors.

.. Petitioners

Versus

The Stone Castle CHS Ltd .. Respondent ....................

 Mr. Sanjiv Sawant a/w Mr. Abhishek Matkar & Mr. Malhar Bageshwar i/by Mr. Ashwin Jajal for Applicants  Mr. Pankaj R. Thatte for Respondent Nos. 1, 3 and 4  Ms. Kajal Gupta i/by Mr. Yatin R. Shah for Respondent Nos. 5(1) (a) to 5(1)(c) and 5(2)(a) ...................

CORAM

: MILIND N. JADHAV, J.

DATE : JANUARY 10, 2023 P.C.

:

1. Heard Mr. Sawant, learned Advocate for Applicants; Mr. Thatte, learned Advocate for Respondent Nos. 1, 3 and 4; and Mr. Gupta, learned Advocate for Respondent Nos. 5(1)(a) to 5(1)(c) and 5(2)(a). 2.

Interim Application is filed for bringing the legal heirs of deceased Petitioner No. 2 on record. The names of legal heirs are mentioned in cause title of the Application.

3.

Mr. Sawant, learned Advocate for Applicants would contend that there is delay of 171 days. However, Mr. Thatte, learned Advocate for Respondent Nos. 1, 3 and 4 refuted the same and submitted that delay

23. civil ia 266-23.doc is to the extent of 472 days.

4.

Be that as it may, considering the date of demise of Petitioner No. 2 and the extant orders in Suo Motu Writ Petition passed by the Supreme Court in respect of limitation, delay is negligible and deserves to be condoned.

5.

In view of the above, for the reasons mentioned in the Application, the same is allowed and disposed of in terms of prayer clauses (a), (b) and (c). Amendment to be carried out within two weeks from today. Re-verification is dispensed with. Copy of the amended cause title be served on the other side. 6.

As this matter pertains to deemed conveyance, place the Writ Petition on 21st January, 2023 on which date deemed conveyance matters shall be heard.

[ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2023.01.11 15:41:31 +0530 RAVINDRA MOHAN AMBERKAR