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Bombay High CourtIA/1317/2020disposed off

Keshavaraya Roulappa Prabhu Alias Keshavaraya Ravalappa Prabhu v.

2024-02-29Hon'Ble Shri Justice Manish Pitale2 pages

bipin prithiani 5-ia-1317.20.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BIPIN DHARMENDER PRITHIANI DHARMENDER PRITHIANI Date: 2024.03.01 17:50:01 +0530 TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 1317 OF 2020 IN PETITION NO. 2196 OF 2018 Kavitha Keshavaraya Prabhu ...

Applicant In the matter between :

Madhavaraya R. Prabhu alias Madhavaraya Ravalappa Prabhu alias Madhavaraya Roulappa Prabhu ...

Deceased Keshavaraya Roulappa Prabhu alias Keshavaraya Ravalappa Prabhu ...

Petitioner ****** Mr. R. K. Shetty for the Applicant.

****** CORAM: MANISH PITALE, J.

DATE : 29th FEBRUARY, 2024 P.C. :

.

Heard learned counsel for the applicant.

2.

By this application, the applicant seeks to be substituted in place of the original petitioner, she is the widow of the petitioner, who expired on 27th January, 2019, during the pendency of the present petition. Copy of the death certificate is annexed at Exhibit 'A' to the applicant.

3.

There is a delay of 288 days in moving the present application. The reasons for delay are explained in paragraph 9 of

bipin prithiani 5-ia-1317.20.doc the application. This Court is satisfied that sufficient cause is made out for condoning delay.

4.

This Court is further informed that the present proceedings are uncontested proceedings, as consent affidavits are placed on record.

5.

In view of the above, the application is allowed. The delay is condoned and amendment is permitted in terms of schedule annexed to the application. The amendment be carried out within a period of two weeks from today.

MANISH PITALE, J.