Shri. Suresh Badrinarayan Oza And ORS. v. Mr. Hanumandas Shriramji Tapade

2-CAS-101-2015.doc Sonali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SONALI MILIND PATIL CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 101 OF 2015 SONALI MILIND PATIL Date: 2023.01.09 16:06:58 +0530 IN SECOND APPEAL NO.710 OF 1992 Shri. Suresh Badrinarayan Oza & Ors.

...Applicants In the matter between Smt. Kauselyadevi Madanlal Upadhyay & Anr.

...Appellants

Versus

Mr. Hanumandas Shriramji Tapade

...Respondent

Mr. Nitin P. Deshpande, for the Applicants.

CORAM : MADHAV J. JAMDAR, J.

DATED : 7th JANUARY 2023 P.C. :

1.

Heard Mr. Deshpande, learned counsel appearing for the Applicants.

2.

This Civil Application is taken out for bringing on record the legal heirs of deceased Appellant No.2. There is considerable delay in filing the Civil Application, however the same is adequately explained.

3.

Although affidavit in reply is filed, none appears for the 1/2

2-CAS-101-2015.doc Sonali Respondents. In the affidavit in reply one of the contention is raised that all heirs are not sought to be brought on record. However, Mr. Deshpande submitted that heirs which are mentioned in the application are the only heirs and legal representatives of deceased Appellant No.2.

4.

For the reasons set out in the Civil Application, the same is allowed in terms of prayer clauses (A) and (B), subject to Applicants paying the cost of Rs.2,500/- to the Kirtikar Law Library within a period of one week from today. 5.

Amendment be carried out within a period of 14 days from today.

6.

The Civil Application is disposed of in above terms. [MADHAV J. JAMDAR, J.] 2/2