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Bombay High CourtIA/30329/2022allowed

Shri. Avatarsingh Harnamsingh Sethi v. Shri. Sakharam Kondaji Gatkal And ORS.

2022-12-23Hon'Ble Shri Justice Milind N. Jadhav2 pages

16. civil ia 30329-22.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. 30329 OF 2022 WITH WRIT PETITION NO. 166 OF 2018 Avatarsingh Harnamsingh Sethi Applicant/ Petitioner

Versus

Sakharam Kondaji Gatkal & Ors.

.. Respondents ....................

 Mr. Rahul D. Motkari for Applicant / Petitioner ..

 Mr. Gurudas S. Gorwadkar for Respondent No. 1 ...................

CORAM

: MILIND N. JADHAV, J.

DATE : DECEMBER 23, 2022 P.C.

:

1. Heard Mr. Motkari, learned Advocate for Applicant and Mr. Gorwadkar, learned Advocate for Respondent No. 1. 2.

Perused the Interim Applications. For the reasons stated therein, the Application is allowed and disposed of in terms of prayer clauses (a) and (b) which reads thus:- "(a) That the delay of 525 days in bringing the legal heirs of deceased Respondent on record be condoned;

(b) That the abatement be set aside and the application to bring the legal heirs of deceased original Respondent No. 1 on record and in place and instead of original Respondent No. 1, may kindly be allowed."

16. civil ia 30329-22.doc 3.

Amendment be carried out within two weeks from today. Reverification dispensed with. Amended cause-title of the petition shall be served upon the Respondents.

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

2022.12.23 20:17:18 +0530 RAVINDRA MOHAN AMBERKAR