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Bombay High CourtIA/685/2024disposed off

Rajaram Balu Waingade Thrugh Poa N.R.Waingade v. Vasant Balu Waingade

2024-01-24Hon'Ble Ms. Justice Gauri Godse2 pages

Digitally signed by VARSHA VIJAY RAJGURU Date:

2024.01.29 15:46:09 +0530 VARSHA VIJAY RAJGURU 70-wp-14875-2023-ia-685-2024+.doc varsha

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14875 OF 2023 WITH INTERIM APPLICATION NO. 685 OF 2024 IN WRIT PETITION NO. 14875 OF 2023 Rajaram Balu Waingade through POA N.R. Waingade ... Petitioner/Applicant vs.

Vasant Balu Waingade ... Respondent Mr. Ranjeet Patil, for Petitioner/Applicant Mr. Pramod Gokul Kathane for Respondent No.1 Mr. P.P. Pujari, AGP for Respondent nos. 2 and 3- State. CORAM : GAURI GODSE, J.

DATED : 24th JANUARY, 2024 P.C. :- 1.

Learned counsel for respondent no.3 states that the impugned order is passed in an appeal which was filed to challenge the order allowing condonation of delay application. He states that the said appeal preferred by the petitioner was not maintainable, as the order is revisable order. In support of his submissions, he relied upon the decision of this court in case of Ramanlal s/o Kachardas Page no. 1 of 2

70-wp-14875-2023-ia-685-2024+.doc Bakliwal & Anr v. Niyaj Mohammad Khan Akhil Khan & Ors1 2.

Learned counsel for the petitioner seeks time to take instructions with respect to the same.

3.

Stand over to 7th February 2024.

4.

Ad interim relief already granted to continue till the next date. INTERIM APPLICATION NO. 685 OF 2024 5.

This application is for bringing on record the names of heirs and legal representatives of the deceased-petitioner on record. There is a delay in filing application. Learned advocate for the applicant has explained the reasons for delay in filing application.

6. For the reasons stated in the application, delay caused in filing the application is condoned. Interim application is allowed in terms of prayer clauses (b) and (c).

7. Amendment to be carried out within a period of one week from today.

8. Ad interim relief already granted to continue till the next date. (GAURI GODSE, J.) 2004(2) ALL MR 49 Page no. 2 of 2