Malti Thakur v. Pushpa Baldev Thakur And ORS

10-ia-1063-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1063 OF 2019 WITH INTERIM APPLICATION NO.2967 OF 2021 IN SUIT NO.2531 OF 2011 Pushpa Baldev Thakur and Others ...Plaintiffs vs.

Raju Thakur and Others ...Defendants Ms. Pooja Pandey i/b. Mr. Ashok Pande, for the Plaintiffs Ms. Asmita Maurya i/b. Mr. Vivek Sawant, for Defendant No. 5. Mr. S.K. Dhekale, Court Receiver present.

CORAM :

N. J. JAMADAR, J.

DATE :

DECEMBER 13, 2022 P.C.:

1.

Interim Application No. 2967 of 2021 is not on board. Mentioned. Taken on board.

2.

This application is preferred to bring the legal representatives of plaintiff No. 1 Pushpa Baldev Thakur who passed away on 20th April, 2020. The applicant also prays for setting aside the abatement and condoning the delay in taking out the application to bring the legal representatives of the plaintiff No. 1 on record. The application is supported by the death certificate and affidavit. 3.

Perused the averments in the application.

4.

It seems that the delay is on account of exigencies of the situation which arose on account of Covid-19 pandemic. 5.

In order to advance the cause of substantive justice, the delay Vishal Parekar, P.A.

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10-ia-1063-2019.doc in seeking setting aside the abatement and bringing the legal representative of deceased/ plaintiff No. 1 deserves to be condoned. Hence, the following order.

ORDER

1] The application is made absolute in terms of prayer clauses (a) and (b).

2] The plaintiff shall carry out the necessary amendment in the Plaint and Notice of Motion within a period of two weeks. 3] Amended copies of the Plaint and Notice of Motion be served on the defendants within two weeks thereafter. 4] Application disposed.

(N. J. JAMADAR, J.) Vishal Parekar, P.A.

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