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Bombay High CourtIA/540/2023allowed

Sadashiv Sambhu Dive (Decd.Thr.Lrs) Smt. Jijabai Sadashiv Dive And ORS v. Karbhari Dhondiba Dhepale(Decd.Thr.Lrs) Anusaya Karbhari Dephale And ORS

2023-01-23Hon'Ble Shri Justice Madhav J. Jamdar2 pages

43 IA 540.23 in SA 419.1998.doc Dusane BHALCHANDRA GOPAL DUSANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION BHALCHANDRA GOPAL DUSANE Date: 2023.01.24 18:59:20 +0530 INTERIM APPLICATION NO. 540 OF 2023 IN SECOND APPEAL NO.419 OF 1998 Sadashiv Sambhu Dive (Deceased) ...Applicants thru' his legal heirs Smt. Jijabai Sadashiv Dive (wife) & Ors.

V/s.

Karbhari Dhondiba Dhepale

...Respondents

(Deceased thru' LRs) Anusaya Karbhari Dephale & Ors.

Mr. Narayan Gopinath Rokade for Applicants/ Appellants.

Ms. Rukhmini Khairnar i/by P.N. Joshi for Respondent Nos. 5,6 and 8.

CORAM:

MADHAV J. JAMDAR, J.

DATE:

23rd JANUARY, 2023 P.C.:

1.

Not on board. Taken on board.

2.

This Interim Application is taken out to bring on record the heirs of Appellant No.1-Sadashiv Sambhu Dive. There is some delay in filing the application.

3.

Ms. Khairnar, learned Counsel appearing for Respondent Nos. 5,6 and 8 strongly opposes the application.

43 IA 540.23 in SA 419.1998.doc 4.

For the reasons set out in the application, the same is allowed in terms of prayer clauses (I) and (II). 5.

Amendment be carried out within a period of three weeks from today.

6.

Interim Application is disposed of in above terms with no order as to costs.

(MADHAV J. JAMDAR, J.)