Smt.Usha Chandrakant Karande-Lrs. Of Chandrakant Karande Prop. Of Balaji Tourist Centre And ORS. v. Balaji Tourist Centre Proprietor Chandrakant K. Karande

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 21 OF 2022 IN FIRST APPEAL NO. 143 OF 2011 BALAJI TOURIST CENTER, PROPRIETOR CHANDRAKANT K. KARANDE, SINCE DECEASED THROUGH LEGAL HEIRS SMT. USHA CHANDRAKANT KARANDE AND ORS.

) APPLICANTS

IN THE MATTER BETWEEN :

BALAJI TOURIST CENTER, PROPRIETOR CHANDRAKANT K. KARANDE, SINCE DECEASED THROUGH LEGAL HEIRS SMT. USHA CHANDRAKANT KARANDE AND ORS.

) APPELLANTS V/S.

KULWANTSINGH PRALHADSINGH KOHLI AND ORS.

} RESPONDENTS * * * * Mr. R.D. Soni i/by. Mr. B.P. Shukla, Advocate for the applicants-appellants.

Mr. Jagjeet Rehel, Advocate for the respondent. Coram : Sandeep K. Shinde, J.

Friday, 25th March, 2022.

2/4 P.C. :

1) Pending Appeal, the sole appellant- Chandrakant Karande passed away. This application is moved by his legal heirs contending that the right to sue survives. In that view of the matter, the application is allowed in terms of prayer clauses (a) and (b).

2) Consequential amendments shall be carried out within two weeks from today.

3) Application is disposed of.

NEETA SHAILESH SAWANT NEETA SHAILESH SAWANT Date: 2022.03.28 12:26:27 +0530 (Sandeep K. Shinde, J.)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2593 OF 2020 (FOR SUBSTITUTION) IN CIVIL APPLICATION (ST.) NO. 32422 OF 2017 IN FIRST APPEAL NO. 143 OF 2011 BALAJI TOURIST CENTRE, PROPRIETOR CHANDRAKANT K. KARANDE } APPELLANT V/S.

KULWANTSINGH PRALHADSINGH KOHLI AND ORS.

} RESPONDENTS AND

1. SMT. USHA CHANDRAKANT KARANDE AND ORS.

} APPLICANTS * * * * Mr. R.D. Soni i/by. Mr. B.P. Shukla, Advocate for the applicants-appellants.

Mr. Jagjeet Rehel, Advocate for the respondents. Coram : Sandeep K. Shinde, J.

Friday, 25th March, 2022.

P.C. :

1.

Pending Appeal, respondent no.1 passed away.

This application seeks to bring the legal representatives of

4/4 respondent no.1 on record, particulars of which are at Exhibit-C to the application.

2.

In view of the reasons stated in the application, the delay is condoned. Application is allowed and made absolute in terms of prayer clauses (a) and (b). Consequential amendments to be carried out within two weeks from today.

3.

Appellant shall serve amended copy of the Appeal on the Counsel for the added respondent and respondents no.2 and 3.

4.

Application is disposed of.

(SANDEEP K. SHINDE, J.)